Monthly Archives: April 2017

G&S Obtains Dismissal of Skating Rink Case Based on Assumption of the Risk – Man Spinning Woman on Ice Against her Will was not Reckless Conduct so as to Fall Outside Assumption of Risk Doctrine

Plaintiff and her friend were ice skating when she observed a man skating in a dangerous manner skating the wrong direction and pushing other people on the rink. They continued to skate when this individual stopped the conduct.  When after a half hour on the ice they saw this individual swinging a woman around him on the ice against her will they decided to leave the ice.  As plaintiff was skating by the couple their hands released sending the male “flying” into her knocking her down and causing her to break her wrist.

We argued that that being knocked to the ice by another skater is a risk that ice skaters assume when they agree to participate in the sport of ice skating. Plaintiff was an experienced skater and continued to skate despite being aware the individual who knocked her down had skated inappropriately in a manner she considered dangerous.  We argued that the exception to this doctrine, where the person is injured when struck by someone skating “recklessly” did not apply, because the conduct describe was not reckless and occurred too suddenly for the rink to have been able to prevent.  We reviewed for the court historic examples of reckless conduct and argued that a man and woman holding hands and skating in circles did not approach the standard for recklessness.  We also argued that  the accident occurred so suddenly and precipitously that it could not have been prevented or anticipated by the rink.  Continue reading

G&S Obtains Dismissal of Wrongful Death Claim on Behalf of New York Municipal Defendants – No Special Duty

Lawrence S. Wasserman and Nicholas J. Ajello recently obtained dismissal of a wrongful death claim on behalf of The City of New York, New York City Police Department, New York City Fire Department and the City of New York Department of Health and Mental Hygiene in Supreme Court, Queens County.

The case, Lois M. Rosenblatt v. The City of New York, et. al. (Index No. 5798/2013), involved plaintiff’s-decedent, a then 96-year old female who was under the care of a private home health aide.  When the decedent started choking on food fed to her by the home health aide, the aid called an ambulance and was provided instructions on what to do, but by the time the ambulance arrived, the decedent had become anoxic and fell into a persistence vegetative state before ultimately passing away. Continue reading