Legal Opinion

Rivera v. Jack LaLanne Fitness Centers, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 2000Published

1Opinion of the Court

—Order, Supreme Court, Bronx County (Janice Bowman, J.), entered on or about July 16, 1999, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

*229There is no merit to defendant’s contention that the assumption of the risk doctrine bars plaintiffs claim for personal injuries caused by his tripping on a carpeted indoor running track, which was owned and maintained by defendant health club. The ripples in the carpet that plaintiff alleges caused his fall cannot, on this record, be found to constitute an inherent risk of the sport of…

2Cases cited2 opinions

  1. Morgan v. StateNew York Court of Appeals · 1997
  2. Gutierrez v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 1999

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