KOUBEK v. DENIS


21 A.D.3d 453 (2005)

799 N.Y.S.2d 746

VITA KOUBEK, Respondent, v. WILLIAM G. DENIS, Appellant.

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

August 15, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The 54-year-old plaintiff sustained personal injuries after she climbed onto a three-feet high trampoline located in the defendant's backyard and fell onto the grass while attempting to stand.

Under the assumption of the risk doctrine, a defendant is relieved of liability for injuries to a party who participates in a sporting event or recreational...

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