In Pantalone v. Talcott , 15-year old Brittany Talcott was sued when Maria Pantalone suffered a back injury while riding as a passenger of Talcott's snowmobile.
Talcott had driven the snowmobile less than 10 times, was speeding on the day of the incident and admitted to not slowing down as she approached a knoll -- even though her vision was impaired by the sun's glare.
After Pantalone filed suit to recover damages for her injury, Talcott asked the court to dismiss the case on the grounds that Pantalone "assumed the risk" of riding the snowmobile. When the Fulton County Supreme Court denied her request, Talcott appealed to the Appellate Division, Third Department, which agreed it was premature to decide the case.
While the "assumption of risk" doctrine disallows the recovery of damages when an injury occurs during the course of voluntary recreational activities, Pantalone could still seek relief if reckless or negligent conduct was involved.
Here, there were questions as to whether Talcott was "reckless or negligent" because she was speeding despite impaired vision.
Talk about getting blind-sided!
To download a copy of the Appellate Division's decision, please use this link: Pantalone v. Talcott