(Download) "Margaret Weedman v. Sunland Roller Rink" by Third District. District Court of Appeal of Florida * eBook PDF Kindle ePub Free
eBook details
- Title: Margaret Weedman v. Sunland Roller Rink
- Author : Third District. District Court of Appeal of Florida
- Release Date : January 12, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The determinative issue on this appeal is whether the defense of assumption of risk appeared as a matter of law from the facts adduced by the plaintiff. The trial judge found that the defense was an absolute bar to plaintiff's action for personal injuries and thereupon directed a verdict for the defendant at the close of plaintiff's case. We hold that, upon the facts of this case, the defense was a question for the jury and, therefore, we reverse the judgment. Plaintiff Margaret Weedman, 57 years of age, went to defendant's rink to roller skate. She testified that before beginning to skate, she watched the other skaters for ten to fifteen minutes. She noticed many young people skating close to other skaters, darting in and out, and cutting in front of people. She then entered the rink and began skating, believing that because she was a good skater, there was no danger to her. At one point, she complained to a guard about the reckless young people, and the guard said he would take care of it. She continued to skate. Thereafter, a young boy skated swiftly toward her, crashed into her, and knocked her down. She sustained serious injuries. The plaintiff brought an action against the operators of the roller skating rink alleging that the defendant, as the operator of a place of public amusement, failed to take reasonable precautions to prevent injury to her as a patron.