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NY Appellate Court Upholds Assumption of Risk Doctrine
August 20, 2009
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The First Department recently upheld the long-standing doctrine of assumption of risk in <i>Nutley v. SkyDive the Ranch</i>. In <i>Nutley</i>, the plaintiff was skydiving when the main parachute failed to open during a tandem sky dive. Although the lower court denied the defendant’s motion for summary judgment, the appellate court reversed and held that the plaintiff assumed those risks inherent in skydiving and failed to raise an issue of fact as to whether SkyDive acted negligently so as to create a unique and dangerous condition beyond those inherent in the sport.
Thanks to Lora Gleicher for her contribution to this submission.
<a href="http://www.courts.state.ny.us/reporter/3dseries/2009/2009_06153.htm">http://www.courts.state.ny.us/reporter/3dseries/2009/2009_06153.htm</a>