ALBANY – The state’s highest court yesterday refused to recognize the doctrine of primary assumption of risk as a defense against liability for injuries suffered during youthful “frolic” or “horseplay.”
Ruling on an issue that had divided Appellate Division courts, the Court of Appeals concluded in Trupia v. Lake George Central School District, 53, that the defense should be used only to further the public policy goal of encouraging participation in sports and other recreational activities.
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