COMPANY DIDN’T SHOW ENTITLEMENT TO RELIEF IN ITS FAVOR
During a “obstacle course race,” which included a water slide, JH was injured when his foot hit “something at the bottom of a water pit.” When he later filed a personal-injury case, the defendant, who was the designer of the slide and manager of the obstacle course, moved (by way of a motion for summary judgment) to dismiss the action. And after the Westchester County Supreme Court denied that request, an appeal ensued.
On its review of the record, the Appellate Division, Second Department, noted that the defendant failed to show that that the water slide was safely designed and whether it had notice of a “dangerous condition.” Since the defendant failed to demonstrate a “prima facie entitlement to judgment as a matter of law,” the AD2 thought the motion was “properly denied,” without even considering what was in JH’s opposing papers.
That JH couldn’t identify the cause of his injury was improperly raised and could not be considered (for the first time) on appeal.
There was no sliding there ….
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DECISION