SCHONEBOOM v. B.B. KING BLUES CLUB & GRILL

1458.

67 A.D.3d 509 (2009)

888 N.Y.S.2d 54

2009 NY Slip Op 08160

DAVID SCHONEBOOM et al., Appellants, v. B.B. KING BLUES CLUB & GRILL, Respondent.

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

Decided November 12, 2009.


Plaintiffs are barred by the doctrine of primary assumption of the risk from seeking damages for the injuries plaintiff David Schoneboom suffered when an identified person in a group of slam dancers slammed into him. After observing the open and obvious slam dancing from a safe vantage point, and fully appreciating the risk of colliding with a slam dancer, plaintiff nonetheless elected to place himself in close proximity to that activity, thereby assuming the risk that resulted...

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