Question
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
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. Lichtenwalters 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 liability. [Mosca v Lichtenwalter, 68 Cal. Rptr. 2d 58 (Cal. App. 1997)]
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started