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HARVEY II v. SILVER DOLLAR SHOWS, INC.

274 A.D.2d 452 (2000)

710 N.Y.S.2d 398

JOHN P. HARVEY II, an Infant, by His Parent and Natural Guardian, JAMES HARVEY, et al., Appellants, v. SILVER DOLLAR SHOWS, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 17, 2000.

Ordered that the order is affirmed, with costs.

The infant plaintiff suffered a broken leg while on an amusement ride owned by the defendant William Lauther at a fair organized by the defendant Silver Dollar Shows, Inc. The infant plaintiff's hands and feet were inside the ride at all times, and he exhibited no signs of pain or discomfort during the ride. After the ride concluded, the infant plaintiff stumbled as he exited the car. His father stood him up on the platform...

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