Calabro v. Plattekill Mt. Ski Center, Inc.
Opinion of the Court
—In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Robbins, J.), entered June 19, 1991, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order and judgment is affirmed, with costs.
The plaintiff was injured when she fell while skiing on a trail owned and operated by the defendant. She alleged that her fall was caused by the presence of a small dip or bump which spanned approximately 75% of the width of the trail. The defendant moved for summary judgment dismissing the complaint based on the doctrine of assumption of risk, and the Supreme Court granted the motion. We affirm.
The testimony of several witnesses at examinations before trial, including that of the plaintiff herself, established that the plaintiff was an experienced snow skier who had encountered conditions similar to those in this case at other ski trails, that she had successfully skied the trail in question several times on the day of her accident without difficulty,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.