Wurzer v. Seneca Sport Parachute Club

Order unanimously reversed, with costs, and motion granted. Memorandum: Plaintiff Albert Wurzer paid defendants Seneca Sport Parachute Club ("SSPC”) and Howard F. Martin, Jr., a fee to enter upon defendants’ parachute and recreation center to take parachuting instructions and otherwise to use the defendants’ facilities and equipment. During the course of the day he allegedly broke a vertebra in his back. Alleging causes of action both contract and negligence, plaintiff Wurzer has sued both SSPC and Martin. Defendants in their amended answer admitted that they agreed to instruct the plaintiff…