Caldwell v. State

Appeal from a judgment of the Court of Claims (Ferreira, J.), entered February 17, 2009, upon a decision of the court in favor of defendant.

Claimant Susannah Caldwell (hereinafter claimant) is a quadriplegic, has cerebral palsy and uses a wheelchair. She participated in an adaptive ski program at Whiteface Mountain, operated by defendant, which assists individuals with disabilities in learning how to ski. On the day of her lesson, claimant arrived with her standby guardian and two friends. A ski instructor, trained and certified in adaptive ski instruction, reviewed an application that had…