Wednesday, September 9, 2015

Go-karts and assumption of the risk.

Practice point:  The Appellate Division reversed the motion court and granted the defendant's summary judgment motion in this action where the plaintiff alleged injuries sustained when other go-karts bumped hers.  The Appellate Division applied the doctrine of assumption of the risk, determining that it cannot be reasonably suggested that contact between go-karts during a race is anything other than a commonly appreciated risk of go-karting.

Student note:  The Appellate Division noted that the defendant could not avoid liability based on the written waiver it asks its customers to sign.

Case:  Garnett v. Strike Holdings LLC, NY Slip Op 06694 (1st Dept. 2015)

Here is the decision.

Tomorrow's issue:  CPLR 3216 and dismissal.