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GOODLETT v. KALISHEK

Nos. 99-9357(L), 99-9413(XAP).

223 F.3d 32 (2000)

Sandra M. GOODLETT, individually and as personal representative and Administratrix of the Estate of Richard Lee Goodlett, deceased, Plaintiff-Counter-Defendant-Appellee-Cross-Appellant, v. Christopher KALISHEK, Defendant-Counter-Claimant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 1, 2000.

Attorney(s) appearing for the Case

Louis R. Martinez (Richard Ritorto, on the brief), Martinez & Ritorto, P.C., New York, NY, for Defendant-Appellant-Cross-Appellee.

Steven R. Pounian, Kreindler & Kreindler, New York, NY, for Plaintiff-Appellee-Cross-Appellant.

Before: FEINBERG and CABRANES, Circuit Judges, and GEORGE, District Judge.

Judge FEINBERG dissents in a separate opinion.

JOSE A. CABRANES, Circuit Judge:

The question presented in this diversity action is whether the New York doctrine of primary assumption of the risk bars plaintiff's claim for the wrongful death of her husband, Richard Lee Goodlett ("Goodlett"). Goodlett died as a result of a midair collision immediately following the finish of an airplane race in which he and defendant Christopher Kalishek ("Kalishek") had participated...

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