Mosca

Joseph Patrick Mosca appeals the grant of summary judgment against him in his personal injury action, contending the trial court erred by finding he assumed the risk of his injury. We affirm.

Mosca and 23 others boarded a sportfishing boat for a day of ocean fishing off San Clemente Island. Another fisherman, David William Lichtenwalter, was fishing near Mosca off the stem. Lichtenwalter’s line became entangled in kelp and he tried to release it to no avail. A deckhand approached Lichtenwalter to assist in freeing his line. About the time Lichtenwalter backed up and handed his pole to the deckhand, the line “slingshotted” back over the rail towards Mosca, who was struck in the eye with the sinker, causing a partial vision loss.

The declaration of Dave Wilhite, a sportfishing expert, was submitted in opposition to the motion for summary judgment. He opined injury from hooks or sinkers when fishing lines slingshot may occur when an improper technique of freeing a stuck line is used. He indicated the danger of injury when extricating a line caught on an underwater object can be minimized by reaching down near the waterline, wrapping the line around a hand, and pulling it…