Meistrich v. Casino Area Attractions, Inc.

Meistrich (plaintiff) fell and was injured while ice-skating on a rink operated by Casino Area Attractions, Inc. (defendant), where evidence showed the ice had been prepared too hard and slippery that day, even though Meistrich knew his skates were slipping on turns and kept skating anyway. At trial the court instructed the jury that if Meistrich knew or should have known of the risk of falling, he assumed that risk and could not recover, and the jury found for Casino; the appellate division reversed, holding the instruction on assumption of risk was erroneous, and the New Jersey Supreme Court granted certification.