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Meistrich v. Casino Area Attractions, Inc.

Supreme Court of New Jersey
155 A.2d 90 (1959)


Facts

While ice-skating on a rink operated by Casino Area Attractions, Inc. (Casino) (defendant), Meistrich (plaintiff) became injured after he fell. There was evidence that on the day of the incident Casino had prepared the ice in a manner that made it too hard and too slippery. However, Meistrich was aware that his skates slipped on turns and yet he remained on the ice and skated until he fell. Meistrich sued Casino for negligence. After a jury trial, the court instructed the jury that if Meistrich knew, or reasonably should have known of the risk or falling and becoming injured, then he assumed the risk and could not recover damages. The jury found for Casino and Meistrich appealed. The appellate division reversed finding the trial court erred in giving its instruction regarding assumption of the risk. The New Jersey Supreme Court granted Casino’s petition for certification.

Rule of Law

Issue

Holding and Reasoning (Weintraub, C.J.)

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