The Third Appellate District affirmed a judgment. The court held in the published portion of its opinion that the doctrine of primary assumption of risk barred a plaintiff’s personal injury claim stemming from injuries received during a melee that resulted during a crowded “skateboard toss” at a skateboard store.
Daniel McGarry attended a skateboard exhibition in the parking lot in front of skateboard store Wave Skate and Surfwear (The Wave). After the exhibition, a “product toss” was conducted, in which items were thrown to spectators. McGarry caught a tossed skateboard, but the crowd around him pushed, shoved, and trampled him, causing him to be injured.
