NYU student Avram Wisnia was “horsing around a kiddie pool filled with gelatin” at a dorm party in 2004 when he was pushed and broke his hip. A judge has now ruled he cannot sue the university for allowing the event and having the school food service furnish the gelatin, the risks of such a recreation being obvious enough to put him on notice. (”No Go In Jell-o Wrestling Lawsuit Against NYU”, AP/WNBC, Jan. 29).
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In assumption of risk; schools
“Wisnia’s 2005 lawsuit blamed NYU for allowing the event …”
Oh, for crying out loud…had they not allowed it they’d get sued for that on some grounds. Paranoid risk managers ruin a lot of fun these days.
Does NYU have a duty to prevent horsing around? Come on! It’s a wrestling dorm party! What are they supposed to do, sit around sipping tea and reminisce?
NYU spokesman Beckman appears to have his tongue firmly in cheek when he said “This case broke the [Jello?] mold but in the end justice was served sweetly.”
Summary judgment is a dish best served cold!
Hey, can this go in the “Eat, Drink, And Be Merry” section? I know that Jello Wrestling isn’t eating or drinking, but it involves food and you have to admit that it’s usually merry.
Assumption of risk?!?
YAY!!!!!!!!!
It’s so good to see that AoR is not completely dead.
In a coma with life-threatening injuries, but not dead just yet. Don’t worry, the lawyers are sending hit teams daily.
This is an outrage! How’s a plaintiff expected to make a living? How about their attorneys? What are they to do? These victims have rights, too, ya know.
Its as bad as the case i read a few years ago where some idiot thought it would be funny to moon someone from the 4th or 5th story of his college dorm he did so but the window screen gave way and he fell and injured himself and tried to sue over it. Too bad the jerk should have consited the consequences of his act of stupidity