Koubek v. Denis

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Dollard, J.), dated June 21, 2004, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The 54-year-old plaintiff sustained personal injuries after she climbed onto a three-feet high trampoline located in the defendant’s backyard and fell onto the grass while attempting to stand.

Under the assumption of the risk doctrine, a defendant is…