Tompkins v. Gering

It was bound to happen sooner or later. We mean, of course, an action by a water skier against the boat driver. The injuries were serious.

This appeal is taken from a judgment entered upon a verdict directed for the defendants. An order striking the affirmative defense of contributory negligence, because of procedural deficiencies, narrows the issues to the question of defendants’ negligence. Our chief problem relates to proof concerning the boat driver’s negligent acts or omissions.

Gayle Gering, defendant, owned a 16-foot fiberglass Sun City boat, powered by a 50-horsepower Johnson outboard…