Appeals Court Reverses Judgment in Assumption of Risk Case

A New York state appeals court has reversed a lower court, which had found for a snowboarder/defendant in a case where he collided with a skier/plaintiff on the slopes. Specifically, the panel of judges cited questions of fact about whether the defendant was reckless in his activities.   The plaintiff was skiing on a slope in Massachusetts when the incident occurred. After the lawsuit was initiated and discovery completed, the defendant successfully moved for summary judgment, arguing that