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Ho v. Steep Rock Bouldering, LLC

Liability Barred by Assumption of Risk Where Plaintiff Observed Conditions of Activity

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The following papers, numbered 58-73 and 79-86, were read on this motion for summary judgment.Notice of Motion-Affirmation in Support-Affidavit of Service-Exhibits A-L-Memorandum of Law in Support     Nos. 58-73Affirmation in Opposition-Exhibits 1-2-Nussbaum Affidavit Exhibits 1-2            Nos. 79-84Reply Affirmation in Support-Reply Memorandum of Law in Support Nos. 85-86

*1  Motion by Defendant Steep Rock Bouldering, LLC pursuant to CPLR 3212 for an order granting summary judgment against Plaintiff Min-Sun Ho is granted.BACKGROUNDI. OverviewPlaintiff brought this action seeking damages for injuries she sustained on October 12, 2015, while at Defendant’s bouldering gym, Steep Rock Bouldering. Plaintiff alleges, in sum and substance, that, due to the negligence of Defendant, she fell from Defendant’s gym’s indoor climbing wall and landed on her right arm, tearing ligaments and breaking a bone in the arm and elbow area, which required surgery. Defendant argues, in sum and substance, that Plaintiff assumed the risk of injury from a fall at its gym and that its gym provided an appropriate level of safety and protection for boulderers through warnings, notices, an orientation, equipment, and the nature of the climbing wall itself. As such, Defendant argues it had no further duty to Plaintiff. Plaintiff argues, in sum and substance, that she did not assume the risk of an injury from falling off of the climbing wall.

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