A skier who crashed into a novice with enough force to shatter her arm and lacerate his own kidney could be liable for damages. An upstate appellate panel has determined that a trial court can decide if his conduct was reckless enough to overcome the assumption of risk doctrine.
In Moore v. Hoffman, 13-01104, the Appellate Division, Fourth Department, said the skier was not entitled to summary judgment, upholding the trial court and clearing the way for a trial before Supreme Court Justice Diane Devlin in Buffalo.
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