Legal Opinion

Roane v. Greenwich Swim Committee

District Court, S.D. New York

Decided July 9, 2004No. 01 Civ. 2254(CSH)PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge.

In this tort action arising out of injuries suffered by a swimmer during the course of a distance swimming event and a related rescue attempt, defendants move for summary judgment and to preclude the testimony of plaintiffs’ expert witness. Plaintiffs oppose these motions and cross-move for partial summary judgment to strike certain defendants’ affirmative defenses of waiver and assumption of risk. This Opinion resolves all these motions.

I. BACKGROUND

On July 8, 2000, plaintiff Stephen Roane participated in the Greenwich Point One Mile…

2Cases cited36 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  5. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941

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3Cited by15 opinions

  1. Tandon v. Captain's Cove Marina of Bridgeport, Inc.Court of Appeals for the Second Circuit · 2014
  2. Germain v. FicarraCourt of Appeals for the Second Circuit · 2016
  3. United States v. SanchezCourt of Appeals for the Armed Forces · 2007
  4. Floyd v. CIBC World Markets, Inc.District Court, S.D. Texas · 2009
  5. Burke v. Quick Lift, Inc.District Court, E.D. New York · 2006

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