Bennett v. Kissing Bridge Corp.

Gorski and Pine, JJ. (dissenting).

We respectfully dissent because, in our view, plaintiffs raised an issue of fact to defeat defendant’s motion for summary judgment dismissing the complaint. Michael S. Bennett (plaintiff), a skier at defendant’s facility, allegedly fell because of ice on the trail and slid toward a barrier fence constructed near the boundary of a hill. According to plaintiffs, the barrier fence was constructed in such a manner that plaintiff was able to slide under it, whereupon he entered a ravine, struck a culvert and sustained his injuries. In opposition to defendant’s…