Appeals Court Agrees With Denial of Summary Judgment in Snow Tubing Incident

A New York State Appeals Court has affirmed the ruling of a trial court, which denied the Windham Mountain Adventure Park’s motion for summary judgment in a case in which it was sued for negligence by a plaintiff who was injured while snow tubing down the mountain. In so ruling, the appeals court agreed that it was too early in the case to decide about whether the lane attendants enhanced the risk of injury, which would undercut the defendant’s argument that the plaintiff assumed the risk of