Kearney’s “Assumption of Risk” Summary Judgment Win Affirmed on Appeal
Clausen Miller partner Chelsea A. Kearney’s summary judgment victory on “assumption of risk” in a negligence action was recently affirmed by the New York Appellate Division – Second Department. The plaintiff, a seasoned NYPD officer, was injured while voluntarily participating in a Jiu Jitsu sparring exercise and sued the gym. He argued as an NYPD officer with more than thirty prior martial arts training sessions, he was too novice to appreciate the inherent risks associated with a sparring exercise in Jiu Jitsu. The lower court correctly dismissed this action finding that the plaintiff was able to appreciate the risks associated with the activity based on his background as a police officer and prior martial arts training, and that he assumed any risks associated with the exercise. After oral argument, the Appellate Division – Second Department affirmed the lower court’s holding. For more information, contact Chelsea at [email protected].
Chelsea A. Kearney