Legal Opinion
Utkin v. Rademacher
Appellate Division of the Supreme Court of the State of New York
Decided May 7, 1999PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Plaintiffs 12-year-old daughter was injured while operating a three-person water balloon launcher with companions. She was holding one handle, defendant was holding the other and a third child pulled back on the launch pad to launch an egg. As the egg was launched, the handle slipped out of defendant’s hand, striking plaintiffs daughter in the eye.
Contrary to plaintiffs contention, the doctrine of primary assumption of risk applies to recreational activities as well as organized sporting…
2Cases cited6 opinions
- Lamey v. FoleyAppellate Division of the Supreme Court of the State of New York · 1993
- Weller v. Colleges of SenecasAppellate Division of the Supreme Court of the State of New York · 1995
- Alessi v. Boy Scouts of America Greater Niagara Frontier Council, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Griffin v. LardoAppellate Division of the Supreme Court of the State of New York · 1998
- Bierach v. NicholsAppellate Division of the Supreme Court of the State of New York · 1998
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Deak v. Bach Farms, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Blount v. Town of West TurinNew York Supreme Court · 2003
- Kraszewski v. Mohawk Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2000
- Kroll v. WattAppellate Division of the Supreme Court of the State of New York · 2003
- Lamandia-Cochi v. TullochAppellate Division of the Supreme Court of the State of New York · 2003