Ashbourne v. City of New York

This case requires us to analyze the extent to which the assumption of risk doctrine remains viable after Trupia v Lake George Cent. School Dist. (14 NY3d 392, 395-396 [2010]). Plaintiff, an adult experienced in the activity, was roller-blading home on the sidewalk. She maneuvered to avoid a group of pedestrians in front of her. As she passed them, she admittedly was looking at the pedestrians and not at the ground. Her *462wheels became “stuck” and she fell. She sustained injuries requiring surgery. Plaintiff claims that a rise or bump in a part of the sidewalk was the cause of her fall. The…