(concurring specially).
I concur in the result.
I. The discussion of plaintiff’s status as a business invitee would be unnecessary if the court could see fit to adopt the rationale of California courts. See special concurrence in Ives v. Swift & Co., 183 N.W.2d 172, 178 (Iowa 1971).
II. The assumption of risk defense should be eliminated from this case at this time. There is no distinction between contributory negligence and assumption of risk as theories of defense as applied to this case.' Defendant is not entitled to assert the same defense in two different ways and receive an instruction on each variation. As we said in Holmes v. Gross, 250 Iowa 238, 251, 93 N.W.2d 714, 722. “This is an ordinary case of negligence and contributory negligence and the matter of as*909sumption of risk should not be injected into the case.” For fuller development of the history of encroachment of the assumption of risk doctrine into ordinary negligence cases, see dissent in Wright v. Peterson, 259 Iowa 1239, 1249, 146 N.W.2d 617, 623 (1967).
RAWLINGS and REYNOLDSON, JJ„ concur in Division II hereof.