Luke Anthony Trupia, an Infant, by His Parent and Guardian, Lawrence C. Trupia, Respondents v. Lake George…

Summary

The New York Court of Appeals affirmed the Appellate Division’s denial of the defendants’ motion to amend their answer to assert a primary assumption of risk defense, holding that the doctrine is limited to athletic and recreational activities with social value and does not apply to a child’s unsupervised activity in a school setting. The Court based its decision on the incompatibility of assumption of risk with comparative causation and on policy considerations protecting the duty to supervise. Justice Smith, in a concurring opinion, agreed with the result but criticized the majority’s expansive dicta on the scope of the doctrine.