This section contains the nature of the case and procedural background.

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.

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