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Assumption of Risk

Apr 9, 2015

Fourth Department – Assumption of Risk: Litz v. Clinton Central School District, et al.

Appellate Division, Fourth Department – Assumption of Risk – Sports – Locker Room Injury – Purpose of Doctrine   Litz v. Clinton Central School District, et al. CA 14-01215 Appealed from Supreme Court, Oneida County   Background: The plaintiff commenced an action seeking damages for injuries sustained in a locker room following hockey practice. The […]

Apr 8, 2015

Fourth Department – Assumption of Risk: Jurgensen v. Webster Central School District

Appellate Division, Fourth Department – Assumption of Risk – Sports – Cheerleading – Injured Teammate   Jurgensen v. Webster Central School District CA 14-00783 Appealed from Supreme Court, Monroe County   Background: The plaintiff, as a parent of his daughter, commenced an action seeking damages for injuries his daughter sustained during a varsity cheerleading practice. [...]

Oct 16, 2013

Fourth Department — Horseback Riding — Assumption of Risk: Vanderbrook v. Emerald Springs Ranch

Appellate Division, Fourth Department Horseback Riding — Assumption of Risk Vicious Propensity — General Release Vanderbrook v. Emerald Springs Ranch CA 12-01981 Appealed from Supreme Court, Wayne County Background: The plaintiff commenced an action seeking damages for injuries sustained while riding a horse on a guided trail ride on the defendant’s premises. The plaintiff injured […]

Jun 25, 2012

Court of Appeals — Assumption of Risk: Bukowski v. Clarkson University, et al.

New York State Court of Appeals Assumption of Risk Sports — Practice Bukowski v. Clarkson University, et al. No. 107 Judge Lippman   Background: The plaintiff, a baseball pitcher, brought an action against his school after he was injured during practice. On appeal the plaintiff contended that he did not assume the risks inherent in […]

Jan 19, 2012

Supreme Court, Wayne County — Assumption of Risk: Zerniak v. Davis

Supreme Court, Wayne County Assumption of Risk Negligent Entrustment with a Dangerous Instrumentality Zerniak v. Davis 71034 Justice Kehoe Background: The action arose from an incident that occurred at the residence own by the defendant. The plaintiff, a minor child, had participated in a game involving the use of paintball guns while the defendant was […]

Jun 2, 2011

Assumption of Risk: Renee v. North Collins Central School Dist.

Appellate Division, Fourth Department Assumption of Risk Level of Experience Renee v. North Collins Central School Dist. CA 10-2520 Appeal from the Supreme Court, Erie County Background: The plaintiff commenced this action after her daughter suffered injury when she slid into second base during a softball game. The defendant moved to dismiss on the grounds […]

Feb 3, 2011

Negligence: Brown v. Town of Cincinnatus

Supreme Court, Cortland County Negligence Assumption of Risk — Correction of Deposition Brown v. Town of Cincinnatus No. 40598 Judge Rumsey Background: Plaintiff Jacob Brown, through his father, commenced this action for injuries that he sustained on Sept. 16, 2006, when he fell from the open bed of a pickup truck in which he rode […]

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