Phillips v. Amusements of Rochester, Inc.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs’ son was injured on an amusement park ride owned and operated by defendant. The ride, called the Gravitron, rotates in a circular motion at high speed, and centrifugal force pushes riders back against their seats. Riders do not wear safety belts. Plaintiffs allege that the centrifugal force sucked their son into a cavity behind his seat, causing him to sustain cuts on his face. Supreme Court erred in granting defendant’s cross motion for summary judgment…