Mosca v. Lichtenwalter

In Mosca v. Lichtenwalter (1997) 58 Cal.App.4th 551, a sport fisherman was injured when the line of a second fisherman became stuck in kelp and then shot back toward the boat striking the plaintiff in the eye. The trial court applied the primary assumption of the risk doctrine and granted summary judgment in defendants' favor. Affirming the trial court's judgment, our colleagues in Division Three noted: "the trial court, at least implicitly, determined the danger of injury from a hook or sinker flying toward a participant is an inherent risk in sportfishing, and imposing the specter of liability regarding the danger would chill or alter the sport. That determination was reasonable. Hooking and catching fish require a great deal of knowledge, physical skill, and attention. A participant who worries whether he is hooked on a fish or kelp, and what method should be used to deal with the line in either instance, will not be an effective fisherman, and may be inclined to give up the sport." (Id. at p. 553.)