Polsky v. Levine

This case arose out of a water-skiing accident and presents the question: Did the trial court err in instructing the jury and submitting a question to it on assumption of risk? We conclude that the answer to the question is “yes.”

A majority of the court concludes that the record conclusively shows that the plaintiff’s causal negligence was greater than the negligence of any of the defendants as a matter of law. The majority holds that the error did not prejudice the plaintiff and, therefore, affirms the judgment.

Plaintiff Michael Polsky was injured while water-skiing at Camp Interlaken in…