Legal Opinion
Custodi v. Town of Amherst
New York Court of Appeals
Decided October 30, 2012PublishedCited by 129 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
In this case involving a plaintiff who fell and sustained injuries while rollerblading, we conclude that the doctrine of *86primary assumption of the risk does not preclude her common-law negligence claim against the landowner defendants. We therefore affirm the Appellate Division order reinstating the complaint.
In July 2007, plaintiff Robin Custodi broke her hip when she tripped and fell while rollerblading in her residential neighborhood in the Town of Amherst. Moments before the accident, plaintiff, an experienced rollerblader, noticed a truck blocking her path…
2Cases cited10 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Trupia v. Lake George Central School DistrictNew York Court of Appeals · 2010
- Bukowski v. Clarkson UniversityNew York Court of Appeals · 2012
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3Cited by129 opinions
- Riccio v. Kid Fit, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Braile v. Patchogue Medford School Dist. of Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2014
- Duffy v. Long Beach City School DistrictAppellate Division of the Supreme Court of the State of New York · 2015
- Stiggins v. Town of North DansvilleAppellate Division of the Supreme Court of the State of New York · 2017
- Wolfe v. North Merrick Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2014
124 more not listed; retrieve them via the Exa API.