Schmidt v. Massapequa High School
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Winslow, J.), dated August 20, 2010, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The doctrine of primary assumption of risk provides that a voluntary participant in a sporting 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,…
2Cases cited8 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Morgan v. StateNew York Court of Appeals · 1997
- Turcotte v. FellNew York Court of Appeals · 1986
- Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
- Mauner v. FeinsteinAppellate Division of the Supreme Court of the State of New York · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Braile v. Patchogue Medford School Dist. of Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2014
- Hope v. Holiday Mountain CorporationAppellate Division of the Supreme Court of the State of New York · 2014
- Annitto v. Smithtown Cent. Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2022
- Charles v. Uniondale School District Board of EducationAppellate Division of the Supreme Court of the State of New York · 2012
- Philippou v. Baldwin Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2013
1 more not listed; retrieve them via the Exa API.