Tuttle v. TRC Enterprises, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarpinello, J.
Appeal from an order of the Supreme Court (Coccoma, J), entered April 10, 2006 in Otsego County, which, inter alia, denied plaintiffs motion to dismiss defendants’ affirmative defenses of release and assumption of risk.
On November 7, 2004, plaintiff paid a fee to participate in a “fun day” at a cycle park operated by defendants. While riding his motocross bike around the course, he collided with a utility vehicle being driven by one of defendants’ employees. It is undisputed that the collision occurred on the blind side of a jump near the finish line. According to plaintiff, the first time he…
2Cases cited9 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
- Owen v. R.J.S. Safety Equipment, Inc.New York Court of Appeals · 1992
- Owen v. R.J.S. Safety Equipment, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Miranda v. Hampton Auto Raceway, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
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3Cited by8 opinions
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- Garnett v. Strike Holdings LLCAppellate Division of the Supreme Court of the State of New York · 2009
- MacDonald v. New York State Olympic Regional Development AuthorityAppellate Division of the Supreme Court of the State of New York · 2007
- Nicaj v. Bethel Woods Ctr. for the Arts, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
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