Summary
In Furgang, the Appellate Division, First Department, stated that the risk of encountering ruts and bumps while riding a bike over a rough roadway without a helmet should be obvious to the experienced cyclist, and that a plaintiff assumes any risk inherent in that activity (id.).
Summary of this case from Phelan v. StateOpinion
2120-2121
November 7, 2002.
Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered August 20, 2001, dismissing the complaint pursuant to an order, same court and Justice, entered April 3, 2001, which, in an action for personal injuries sustained when plaintiff fell off a bike supplied by defendant resort while participating in a bicycle tour guided by defendant, granted defendant's motion for summary judgment, unanimously affirmed, without costs. Appeal from the order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
GREGORY ANTOLLINO, for plaintiffs-appellants.
DAVID ABRAMS, for defendants-respondents.
Before: Mazzarelli, J.P., Andrias, Buckley, Sullivan, JJ.
The risk of encountering ruts and bumps while riding a bike over a rough roadway without a helmet is so obvious (see Schiavone v. Brinewood Rod Gun Club, 283 A.D.2d 234, 236-237), or should be to an experienced bicyclist such as plaintiff (see Marcano v. City of New York, 296 A.D.2d 43, 47-48 743 N.Y.S.2d 456, 460), that, as a matter of law, plaintiff assumed any risk inherent in the activity (see Hawley v. Binghamton Mets Baseball Club, 262 A.D.2d 729, 732).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.