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LUX v. COX

No. 96-CV-495A.

32 F.Supp.2d 92 (1998)

Leslie N. LUX and Richard Christopher Lux, Plaintiffs, v. Barbara COX, et al., Defendants.

United States District Court, W.D. New York.

September 23, 1998.

Attorney(s) appearing for the Case

Gregory P. Krull, Magner & Love, P.C., Buffalo, New York, for plaintiffs.

Dale A. Ehman, Bouvier, O'Connor, Buffalo, New York, for defendant Barbara Cox.

Lynda M. Tarantino, Saperston & Day, P.C., Buffalo, New York, for defendants Daniel Petchell, Porsche Club of America Niagara Region, Inc., Porsche Club of America, Inc. and Watkins Glen International, Inc.

Nelson E. Schule, O'Shea, Reynolds & Cummings, Buffalo, New York, for defendant Mullane Auto Center, Inc. d/b/a Mullane Mitsubishi.

John M. Socolow, Reboul, MacMurray, Hewitt, Maynard & Kristol, New York City, for defendants Mitsubishi Motor Sales of America, Inc., and Mitsubishi Motors America, Inc.

ORDER

ARCARA, District Judge.

This case was referred to Magistrate Judge Carol E. Heckman pursuant to 28 U.S.C. § 636(b)(1), on December 2, 1996. Defendants Cox, Petchell, Porsche Clubs, and Watkins Glen moved for summary judgment based on a waiver that plaintiff Lux signed. All defendants moved for summary judgment based on plaintiff's assumption of the risk. On May 19, 1998, Magistrate Judge Heckman filed a Report and Recommendation recommending that...

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