context: Granting Mr. Reimer the benefit of all favorable inferences from the record, a jury could reasonably conclude that based on the information he possessed at the time and given the task he was performing, the risk of being burned while examining the School District's boiler on March 10, 1998, was neither a reasonably apparent danger nor a reasonably foreseeable incidental risk.
citation_a.signal: cf.
citation_a.identifier: 180 F.3d 937, 940
citation_a.parenthetical: applying Minnesota law and affirming summary judgment where "it is undisputed that Walk placed his hand in the trough knowing that the auger was engaged and knowing that the moving blades posed a substantial risk to him."
citation_a.sentence: Cf. Walk v. Starkey Mach., Inc., 180 F.3d 937, 940 (8th Cir.1999) (applying Minnesota law and affirming summary judgment where “it is undisputed that Walk placed his hand in the trough knowing that the auger was engaged and knowing that the moving blades posed a substantial risk to him.”); Andren, 465 N.W.2d at 105-06 (affirming summary judgment where evidence conclusively demonstrated that plaintiff knew and appreciated the danger of lighting a cigarette in the presence of liquid propane gas and knew and appreciated that there was a liquid propane gas leak in the basement); Armstrong, 284 N.W.2d at 353 (“[A]ny improper operation of the release valve merely increased the risk of a BLEVE; it did not remove the occurrence of a BLEVE from the risks reasonably anticipated by the ... firemen.”).
citation_b.signal: see
citation_b.identifier: 289 N.W.2d 170, 170
citation_b.parenthetical: "In order to assume the risk of a particular act or condition one must know and appreciate the danger itself and not just the facts which constitute it."
citation_b.sentence: See Wegscheider, 289 N.W.2d at 170 (“In order to assume the risk of a particular act or condition one must know and appreciate the danger itself and not just the facts which constitute it.”).