Meistrich (P) was skating on Casino Arena Attractions, Inc.'s (D) rink when he noticed the ice was too hard for ordinary skaters. P continued to skate, fell, and suffered severe injuries. P sued to recover damages from the accident. The trial court ruled for D. P appealed based on an instruction that stated that assumption of risk could be found if P knew or reasonably should have known the risk. The appeals court reversed for P. D appealed.