An Inclusive Litany

7/23/96

Lee Berton in the Wall Street Journal, July 23, 1996:
Six years ago Linda Daniels, 69 years old, went to a wedding at the Cameo Restaurant in Garfield, N.J., and was asked to do the polka by Frank Snyder, who was sitting at her table. She alleges that he dragged her to the dance floor. Then, after a quarter turn around the floor to the "Beer Barrel Polka," she says, Mr. Snyder tripped and fell on her, fracturing her left hip.

Mrs. Daniels says she hasn't danced since and walks with a limp. She sued Mr. Snyder for damages in state court and lost the first round when the case was thrown out in 1994. But last week a three-judge appeals court in Newark reinstated her lawsuit....

The appeals judges discussed at length whether the polka is an "inherently dangerous" sport, like sky diving, or simply a mild recreation. Two of them chose not to decide, ruling that the lower court must instead determine whether Mrs. Daniels was made to dance against her wishes.