Cohen v. Heritage Motor Tours, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Altman, J.
On this appeal, we are called upon to determine under what circumstances a tour operator assumes a duty of care to a tour participant and whether the doctrine of the assumption of risk is a complete bar to the recovery of damages by a tour participant, even if such a duty was assumed.
The plaintiff Gertrude Cohen was 70 years old when she participated in a tour to the Canadian Rockies and Pacific Northwest which was organized and booked by the defendant Heritage Motor Tours, Inc. (hereinafter Heritage). The tour director was Lee Saal, a Heritage employee. On…
2Cases cited9 opinions
- Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
- Turcotte v. FellNew York Court of Appeals · 1986
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- Gordon v. MuchnickAppellate Division of the Supreme Court of the State of New York · 1992
- Dorkin v. American Express Co.Appellate Division of the Supreme Court of the State of New York · 1974
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