New York Court of Appeals
Carol A. Owen v. R.J.S. Safety Equipment, Inc., and…
April 2, 199279 N.Y.2d 967
Summary
The Court of Appeals affirmed the Appellate Division’s order, holding that General Obligations Law § 5‑326 applies to the fee paid for admission to the pit area, that the decedent’s release is unenforceable, and that the assumption‑of‑risk defense is not viable because expert evidence raises a genuine issue of negligence beyond the sport’s inherent risks.