Layden v. Plante
Appellate Division of the Supreme Court of the State of New York
1Dissent
Mercure, J.P. (dissenting).
Because we conclude that plaintiff Dianne A. Layden (hereinafter plaintiff) assumed the risk of aggravating her prior back injury while weight-lifting at a gym, we respectfully dissent. The doctrine of primary assumption of risk provides that a voluntary participant “engaging in a sport or recreational activity . . . consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (Morgan v State of New York, 90 NY2d 471, 484 [1997]; accord Anand v Kapoor, 15 NY3d 946, 947-948…
2Cases cited14 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
- Custodi v. Town of AmherstNew York Court of Appeals · 2012
- Trupia v. Lake George Central School DistrictNew York Court of Appeals · 2010
- Bukowski v. Clarkson UniversityNew York Court of Appeals · 2012
9 more not listed; retrieve them via the Exa API.