Ksypka v. Malden YMCA

Murtagh, Thomas R., J.

Defendant Malden YMCA’s Motion for Summary Judgment will be ALLOWED in part and DENIED in part.

Notwithstanding the foreign case authority cited by the defendant, including Salte v. YMCA of Metropolitan Chicago Foundation, 351 IL.App.3d 524, 814 N.E.2d 610 (2004), and as well as section 314A of the Restatement (Second) Torts, the Court concludes that the proposed expert testimony and other evidence presented by the plaintiff gives the plaintiff a sufficient toe hold to have plaintiffs negligence-based claims presented to a jury (Counts I, II and III). Issues of material…