Joseph Mosca and 23 others boarded a sportfishing boat for a day of fishing off San Clemente island. David Lichtenwalter, one of the fisherman, was fishing off the stern near Mr. Mosca Mr Lichtenwalter;s Line became entangled in keep 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 rall toward Mr. Mosca, who was struck in the eye with the sinker, which caused a partial vision loss.
Mr Mosca filed suit against Mr. Linhtenwalter and others. The trial court , using the defense of assumption of risk, dismissed the case, and Mr Mosca appealed. Discuss the issues and determine liability.
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