• The intersting part of this case is not the stupid lawsuit with an ironclad assumption of risk defense. Rather, and still unresolved, is whether the waiver that the parachutist signed whereby she agrees not to sue for her injuries, and if she does, she pays the company’s attorney’s fees is valid.

    “As to defendant’s counterclaims, however, we note that whether agreements not to sue a defendant and to pay its attorney’s fees and litigation costs might transgress the public policy of promoting recreational activities advanced by § 5-326 does not appear to have been considered by the courts (cf. Ciofalo v Vic Tanney Gyms, 10 NY2d 294, 297 [1961] [exculpatory clause not barred by “overriding public interest”]), the parties have not briefed the issue, and we do not reach it….”

    This almost turned into a legal malpractice suit because the skydiver’s attorney did not answer the counterclaim for attorney’s fees. Luckily for her attorney, the lower court did not grant a default judgment, and the appellate court gave an additional 60 days from the date of its decision for Plaintiff to answer.


    My guess is that this contract of adhesion, in its present form, is not valid to shift attorney’s fees, but it could be tweeked to make it valid. But the courts have the final say on this issue, so I will wait for this case to percolate through the system.

  • Ah, yes, the evil food industry, making things we like to eat. Instead they should be making everything out of Brillo, which will not only cause us to lose weight, but also act as roughage.

    I am a fat person, but I look upon it as a public service. Fat people like me don’t live to be 110, requiring cataract surgery, hip replacements, massive numbers of nurses and aides to help us deal with senile dementia. Instead we keel over at the age of 60, saving all those expenses, not to mention the large chunk of money to help pay all those pensions of skinny people. But do they ever thank us and the food industry? Do they even go so far as to offer us a slice of cheesecake in recompense for all we do for them? No. I’m tempted, at times, to lose weight and make them pay where it really hurts: in the wallet.


  • Interesting. I thought I was posting to August 18 roundup.


  • “Instead we keel over at the age of 60, …” I know just the thing to pick you up, Bob, a tandem skydive jump. Seriously. Go to a skydive field where they have some turbine equipment (Cessna Caravan or King Air or Twin Otter) if you are worried about safety. Don’t give me this crap about “jumping out of a perfectly good airplane” either; that won’t be a factor.

    Have fun!

  • Bob,

    “Looking solely at mortality in a representative sample of Americans, government researchers reported that more deaths appeared at the two extremes. It’s bad to be too thin, and it’s bad to be extremely obese. What’s more, people who are overweight but not obese have a lower risk of death than those of normal weight.

    ” The risk of an early demise due to excess weight appears to have been greatly exaggerated.

    The new study was conducted by researchers at the National Cancer Institute and the Centers for Disease Control and Prevention (JAMA, 4/20/05).”

    I hope that you are just moderately “fat”.

    You raise an important point about being too healthy as a people. Extension of life beyond 85 implies 50% chance of Alzheimer’s. Besides its devastation to the patient, Alzheimer’s is extremely costly to our social systems.

  • I think that everyone dies sooner or later, so mortality is 100%.


  • “I think that everyone dies sooner or later”

    Not me. I’d bet my life on it.

  • Skydiver Almost Dies, Then Sues Over Broken Fingers…

    A New York appellate court last week ended a lawsuit by a woman who was injured in a skydiving accident several years back. The suit was remarkable for its plaintiff’s apparent lack of perspective: the injured woman sought compensation for……

  • Good till the last drop.

  • “I think that everyone dies sooner or later, so mortality is 100%.” Yeah, but are you going to have some fun before one of Obama’s Czars takes a disliking to you??

    I am serious as a heart attack, Bob Lipton. Go to the USPA website or just google skydiving + (your state) and find a place to jump. You will not regret it. Also, if that wimp George Bush Sr. could do it, everyone has the guts. “Eat, ____, skydive!”

  • Assumption of risk or not, the sky diving school and instructer were plainly at fault and unreasonably risked this person’s life as well as causing mental and physical trauma.

    From you sky dive enthusiasts – is it your belief when you do this that there is a very good chance your parachute will not open and you will die? Did they advise this woman “It’s likely your chute will not open and you will plunge to your death?”

    I do not believe this is the risk she assumed. While the outcome was fortunate, the dive itself was nothing more than a fortuitously aborted plunge to death of some duration.

    Perhaps if her fingers had not been severly injured, she could have just punched the guy in the nose for satisfaction.

    Grateful for saving her life? I’ve mentioned elsewhere that I am a motorcyclist. I have encountered plenty of car drivers who seem to think that I should be grateful that they didn’t actually kill me, but merely came close to doing so.n (Including the woman who ran thru the stop sign directly in front of me this morning and could not think of any reason that I should be chafed by this as I had avoioded contact with her ton of weapon)