DAIGLE v. WEST MOUNTAIN


289 A.D.2d 838 (2001)

734 N.Y.S.2d 715

MICHELLE K. DAIGLE et al., Appellants, v. WEST MOUNTAIN, Respondent.

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

Decided December 20, 2001.


Lahtinen, J.

While plaintiff Michelle K. Daigle (hereinafter plaintiff) was "tubing" at defendant's tubing park, the tube that she was riding in went over the wall of the tubing lane causing her to be thrown off the tube, resulting in a right clavicular midshaft fracture and related injuries. Plaintiff and her husband, derivatively, commenced this action against defendant alleging negligent maintenance of the tubing park. After joinder of issue and discovery, defendant...

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