When a plaintiff is suing a defendant, the defendant may raise an affirmative defense to relieve it of liability or to reduce its liability. Please read the following scenario and then you will decide the outcome.
Frosty and Crystal decided to go to enjoy the winter weather at Mount Snowhill. While snowboarding down a slope, 17-year-old Frosty was engaged in a snowball fight with his good friend 15-year-old Jack Frost. As Frosty was preparing to throw a snowball at his friend, Frosty slammed into Rudy, who was working as a ski school instructor for Mount Snowhill, and injured him. Rudy sued Frosty for damages for dangerous and reckless behavior. The defense contended that the claim was barred under the doctrine of assumption of risk, applicable in the state, arising from the risk inherent in the sport that allows for vigorous participants and frees a participant from a legal duty to act with due care. Decide.