Summary
In Werbelow v State of New York (7 Misc 3d 1011[A] [Ct Cl, 2005]), a self-proclaimed "rather competent rollerblader" was injured after she fell over a "crack" on a New York State bicycle path and the Court found that plaintiff assumed the risk of injury. The Werbelow Court held, at *3, that "there is no indication that there were unreasonably increased risks' in this case, or that defendant acted recklessly, intentionally, or concealed the risks, such that the doctrine of assumption of risk would not apply.
Summary of this case from Conning v. DietrichOpinion
March 14, 2005.
State — Claim against State. Negligence — Assumption of Risk.