SMOLLETT V. SKAYTING DEV. CORP.
793 F.2d 547 (3rd Cir. 1986)
NATURE OF THE CASE: Skayting (D) sought review of a judgment in favor of Smollett (P) in
P's suit against D after being injured while skating at D's facility.
FACTS: P and her husband attended a fundraiser at a skating rink owned by D. P was
thirty-three years old and an experienced skater. The skating area was raised three to five
inches higher than the surrounding floor, which was carpeted. P noticed that there were no
guardrails. P and her husband discussed this with the owner, who told them that this design
was the practice at many new rinks to further safety by avoiding the use of guardrails which
could become loose and collapse unexpectedly. P did not take skating lessons although they
were offered to everyone at the fundraiser. Several signs reading 'skate at your own risk'
were posted in the rink. The skaters included many children and inexperienced skaters. P
skated behind a young child who fell. To avoid the child and a skater on her left, she
swerved to the right onto the carpeted area. She fell and broke her left wrist. Her injury
required surgery on the day of the accident and again one year later. P sued D. D claimed
that P had assumed the risk of injury. The jury returned a verdict for P but found P 50% at
fault and the award was reduced from $50,000 to $25,000. The court denied D's motion for
judgment notwithstanding the verdict or, in the alternative, for a new trial. This appeal
resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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