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Featured Case


PERSONAL INJURY, EVIDENCE, CIVIL PROCEDURE.


The Jury Should Have Been Instructed on the Implied Assumption of Risk Doctrine in This Skiing Accident Case, Defendants’ Motion to Set Aside the $3,000,000/$15,000,000 Verdict Should Have Been Granted; the Damages Amount Is Not Supported by the Record


The Second Department, ordering a new trial, determined defendants’ motion to set aside the verdict should have been granted. The jury should have been instructed on implied assumption of risk in this skiing accident case involving a nine-year-old novice skier. Plaintiff struck a pole and fractured her femur. The jury awarded $3,000,000 in past damages and $15,000,000 in future damages. If defendants are found liable in the second trial, there will be a trial on damages unless the plaintiff stipulates to $950,000 past damages and $1,250,000 future damages. Zhou v. Tuxedo Ridge, LLC, 2020 N.Y. Slip Op. 01206, Second Dept 2-19-20

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New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.

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