Beroutsos v. Six Flags Theme Park, Inc.
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Marilyn Shafer, J.
*558Background
Plaintiff boarded a roller coaster ride at defendant amusement park and subsequently suffered neck and back injuries allegedly caused by the ride. Defendant Six Flags Theme Park, Inc., brings this motion for summary judgment, claiming that plaintiff assumed the risk of the ride, that he had ample opportunity to observe the ride and was advised of known dangers through the warnings posted and souvenir manual description.
Discussion
The doctrine of assumption of risk is applicable towards determining what if any duty was owed by defendant to…
2Cases cited7 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Maddox v. City of New YorkNew York Court of Appeals · 1985
- Owen v. R.J.S. Safety Equipment, Inc.New York Court of Appeals · 1992
- Loewenthal v. Catskill Funland, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Taylor v. Massapequa International Little LeagueAppellate Division of the Supreme Court of the State of New York · 1999
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