Wagner v. Thomas J. Obert Enterprises

SIMONETT, Justice.

In this case, involving a fall on a rollerskating rink, we hold the trial court properly submitted primary assumption of risk to the jury and, further, that the trial court did not prejudicially err in admitting certain evidence. We reverse the court of appeals’ contrary rulings.

On April 12, 1982, plaintiff-respondent Vera L. Wagner, age 57, fell while rollerskating at the skating rink of defendant-appellant Thomas J. Obert Enterprises. The rink itself is a large oval-shaped hardwood floor surrounded by a wall 3V2 feet high. There are three exits or openings in the wall,…