Joseph Mosca and 23 others boarded a sportfishing boat for a day of fishing off San Clemente Island. David Lichtenwalter, one of the fishermen, was fishing off the stern near Mr. Mosca. Mr. Lichtenwalter's line became 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 toward Mr. Mosca, who was struck in the eye with the sinker, which caused a partial vision loss.

Mr. Mosca filed suit against Mr. Lichtenwalter and others. The trial court, using the defense of assumption of risk, dismissed the case, and Mr. Mosca appealed. Discuss the issues and determine whether the boating company was liable.