In July 2010 the plaintiff was 33 years old when she visited a roller skating rink in upstate New York with her son and other family members. She suffered a fractured leg when another skater, who was skating “recklessly," caused her to fall. We argued that although she may have assumed the normal and typical risks associated with roller skating - she did not, however, assume the risk of an out of control fellow roller skater skating excessively fast and that the rink personnel would permit this to continue and would not control the situation. The rink manager and guards testified that they could not recall seeing a fast skater, who was never identified, but the manager did acknowledge that fast skating was prohibited at the rink because it would be a safety issue for fellow patrons. The defendant moved the court for summary judgment, asking the Court to dismiss the case by arguing that the plaintiff fully assumed the risks of such an accident by engaging in roller skating and that there was a lack of proof of any dangerous condition or of a fast skater. We were successful in opposing this motion when the court agreed with our position. The case was then set for trial and was settled for $137,000 shortly before trial.
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