Joseph Mosca 23 others boarded a sportfishing boat for a day of fishing of san clemente Island. David Lichtenwalter, one of the fishermen, was fishing off the stern near Mr. Mosca, Mr. Lichtenwalter's line becoem entangled in kelp and he was unable to get it released.
A deckhand approached Mr. Lichtenwalter to help him,. Mr. Lichtenwalter backed up and handed the pole to the deckhand just as the line slingshotted over the rail towaard Mr. Mosca who was struck in the eye with sinker which cause a partial vision loss
Mr. Mosca filed suit agains Mr. Lichtenwalter and others. The trial court, using the defense of assumption of risk dismissed the case and mr Mosca appealed discuss the issue and determine liability ?
[Mpsca V lohtenwalter, 68 cal. Rptr 2d 58 (cal. App. 1997)] copyright