WEEDMAN v. SUNLAND ROLLER RINK, INC.

No. 75-211.

323 So.2d 688 (1975)

Margaret WEEDMAN, Appellant, v. SUNLAND ROLLER RINK, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 14, 1976.


Attorney(s) appearing for the Case

Ralph P. Ezzo, Miami, for appellant.

Preddy, Haddad, Kutner & Hardy, Miami, for appellee.

Before PEARSON and NATHAN, JJ., and HALL, VINCENT T., Associate Judge.


PEARSON, Judge.

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...

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