TARLOWE v. METRO. SKI SLOPES


28 N.Y.2d 410 (1971)

Ronald G. Tarlowe, Appellant, v. Metropolitan Ski Slopes, Inc., Respondent.

Court of Appeals of the State of New York.

Decided May 26, 1971.


Attorney(s) appearing for the Case

Richard J. Burke and Louis Rothbard for appellant.

Charles G. Pillon for respondent.

Chief Judge FULD and Judges BURKE, BERGAN and GIBSON concur with Judge BREITEL; Judges SCILEPPI and JASEN dissent and vote to affirm on the ground that the testimony of plaintiff's expert witness was highly speculative and was insufficient as a matter of law to support a finding that the ski mechanism was defective.


BREITEL, J.

In a personal injury negligence action involving the alleged malfunction of rented ski equipment, plaintiff appeals. The Appellate Division reversed on the law only a judgment in his favor based on a jury verdict and dismissed the complaint. The principal issue is whether there was a failure of proof because plaintiff's expert did not develop the technical foundation for his opinion.

The testimony...

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