In Belvedere v. Holiday Val., Inc. , Ryan Belvedere was snowboarding when he ran into a snowmobile being driven by a Holiday Valley employee.
After Belvedere sued for his injuries, the resort moved to dismiss the case claiming Belvedere "assumed the risk" by engaging in the activity. The Cattaraugus County Supreme Court agreed and dismissed the case.
On appeal, the Appellate Division, Fourth Department, was of the view there were unresolved questions as to whether the snowmobile had been recklessly operated.
Because it believed a formal hearing or trial was warranted, the AD4 reversed and reinstated the case.
Was that a Holiday Valley yard sale ?
To download a copy of the Appellate Division's decision, please use this link: Belvedere v. Holiday Val., Inc.