Tarlowe v. Metropolitan Ski Slopes, Inc.

In a personal injury negligence action involving the alleged malfunction of rented ski equipment, plaintiff appeals. The Appellate Division reversed on the law only a judgment in his favor based on a jury verdict and dismissed the complaint. The principal issue is whether there was a failure of proof because plaintiff’s expert did not develop the technical foundation for his opinion.

The testimony of plaintiff’s expert was proper and, therefore, established a prima facie case. Consequently, the complaint should not have been dismissed.

Plaintiff, for his first attempt at skiing, visited…