New York Court Applies Assumption of Risk And Dismisses Suit Against Health Club

By Carla Varriale   New York’s Supreme Court recently dismissed a personal injury action arising out of the cardiac arrest and subsequent death of a patron of a health club which that provided an external defibrillator, as required by law, but whose employees failed to use the defibrillator because they erroneously believed the cabinet in which it was housed was locked.   In DiGiulio v. Gran, Inc. (Supreme Court, New York County, Index Number 105441/06, October 13, 2009), plaintiffâ€