Sidney J. Meistrich, Plaintiff-Respondent v. Casino Arena Attractions, Inc., a Body Corporate, Defendant-Appellant

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that the trial court erred in instructing the jury on assumption of risk in its secondary sense and that such instruction is indistinguishable from contributory negligence. The court also held that sufficient evidence existed to submit both negligence and contributory negligence to the jury. Accordingly, the judgment of the Appellate Division was affirmed.