NUTLEY v. SKYDIVE THE RANCH


65 A.D.3d 443 (2009)

883 N.Y.S.2d 530

LISA NUTLEY, Respondent, v. SKYDIVE THE RANCH, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided August 11, 2009.


Defendant demonstrated prima facie entitlement to summary judgment on the doctrine of assumption of risk. Plaintiff was engaged in a sport or recreational activity, the commonly appreciated risks of which are inherent in, and arise out of, the nature of the sport generally and are consequent upon such participation (see e.g. Morgan v State of New York, 90 N.Y.2d 471, 484 [1997]). Here, the risk of the main parachute failing to open...

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