A jury has ruled that the operator of a snow-tube course in New York was not liable for injuries suffered by a woman who alleged that she had been ejected from her snow tube and injured.
Facts & Allegations
Rebecca Hall alleged that while using the snow-tube course at Holiday Mountain Ski and Fun Park in Monticello, New York, she had been ejected from her snow tube and injured her finger.
Ms. Hall sued the facility's operator, Holiday Mountain Fun Park Inc., alleging that the facility's staff had been negligent in its maintenance of the snow-tube course. She further alleged that the staff's negligence had created a dangerous condition that had caused the accident.
In particular, she claimed that the accident had resulted from her snow tube striking a large piece of ice. Ms. Hall's counsel contended that the ice should have been removed, and he argued that the snow-tube course had not been properly inspected and maintained.
Defense counsel argued, among other things, that Ms. Hall's accident was an inherent risk of an activity that she had voluntarily undertaken.
Result
The jury rendered a defense verdict. It found that Holiday Mountain Fun Park was not liable for the accident.
The case is Hall v. Holiday Mountain Fun Park, Inc., No. 1334/15 (N.Y. Sup.Ct. Sullivan Cty. May 24, 2017). Attorneys involved include: Marc S. Schauer; The Law Offices of Sobo & Sobo L.L.P.; Middletown, NY, for Rebecca Hall; Matthew J. Kelly; Roemer Wallens Gold & Mineaux LLP; Albany, NY, for Holiday Mountain Fun Park Inc.
FC&S Legal Comment
This report is based on information that was provided by defense counsel. Plaintiff's counsel received a draft of the report, but he did not provide feedback.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].