Mazzeo v. City of Sebastian

I concur in the certified question, but dissent as to the balance of the opinion.

There is no reason to extend Kuehner v. Green, 436 So.2d 78 (Fla.1983), and the absolute bar of an express assumption of risk to these facts. The activity of diving into a lake is not analogous to participation in a contact sport. The issue for the jury is one of comparative negligence. It should be treated simply as a circumstance of ignoring a dangerous condition. The contact sport exception to the rule of comparative negligence is based on a recognition that a participant consents to contact by others, who…