Harvey v. Silver Dollar Shows, Inc.
Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated July 1, 1999, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The infant plaintiff suffered a broken leg while on an amusement ride owned by the defendant William Lauther at a fair organized by the defendant Silver Dollar Shows, Inc. The infant plaintiff’s hands and feet were inside the ride at all times, and he exhibited no signs of pain or discomfort during the ride. After the ride concluded, the infant plaintiff stumbled as he exited the car. His father stood him up on the platform surrounding the ride, and his leg buckled.
The defendants presented evidence in admissible form that the ride was not defective and was properly operated and maintained. This was sufficient to establish their entitlement to judgment as a matter of law, thereby shifting the burden to the plaintiffs to demonstrate the existence of a material issue of fact (see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853).
The plaintiffs asserted the doctrine of res ipsa loquitur to es
Case-law data current through December 31, 2025. Source: CourtListener bulk data.