In Brown v. Roblee , Stephen Brown sued after he was allegedly assaulted by Shawn Allen Roblee at a Holiday Valley ski resort.
The two men supposedly had an exchange of words and, when Brown began to walk away, Roblee allegedly punched Brown.
Brown claimed Holiday Valley failed to protect him against harm while on the latter's property.
After the Cattaraugus County Supreme Court granted the resort's request to dismiss the case, an appeal to the Appellate Court, Fourth Department, followed.
The AD4 was of the view the resort wasn't at fault because Brown's injuries weren't predictable or foreseeable.
In other words, the AD4 knocked the wind right out of that one.
To download a copy of the Appellate Division's decision, please use this link: Brown v. Roblee