On November 6, 1973, Aldacosta (P) and others went sport fishing aboard a charter boat owned and captained by Tittle (D). D had established a practice for his crew to place a towel on the transom of the boat to provide a non-skid surface for persons embarking and disembarking by stepping on the transom and for the crew to stand by and assist individuals while disembarking the boat. P disembarked when the towel was not in place, but the crew did assist her. P missed the dock with her foot and fell forward striking her side in the area of her right kidney. The trial court sitting without a jury exonerated D from all liability and dismissed the damage claim. P appealed.

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