Olsen v. Town of Richfield

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and defendant County of Otsego’s motion for summary judgment dismissing the complaint granted. The certified question should be answered in the affirmative.

This case involves injuries sustained by an 18 year old after he dove into a shallow creek from a bridge owned by defendant County. Defendant’s submissions on its motion for summary judgment to dismiss the injured plaintiff’s case support no other conclusion than that the sole legal cause of the accident was plaintiff’s reckless conduct (see,…