PATRICK SENA ET AL., APPELLANTS, v. TOWN OF GREENFIELD, RESPONDENT, ET AL.,
DEFENDANTS.
91 N.Y.2d 611, 696 N.E.2d 996, 673 N.Y.S.2d 984 (1998).
June 9, 1998
3 No. 74
(98 NY Int. 0069)
Decided June 9, 1998
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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David H. Pentkowski, for appellants.
Charles A. Booth, for respondent.
CIPARICK, J.:
Plaintiff Patrick Sena was injured while sledding with his son on
property owned by defendant Town of Greenfield. We must decide whether
defendant Town may avoid liability for plaintiff's injuries by
invoking the statutory immunity affordedby General Obligations Law
(GOL) § 9 103. Because we conclude that the hill where the accident
occurred was part of a supervised public park not within the ambit of
GOL § 9 103 immunity, we reverse the order of the Appellate Division.
Plaintiff Patrick Sena was injured on January 22, 1989, while sledding
down a hill situated on property owned by defendant Town of
Greenfield. The accident occurred on plaintiff's first ride down the
hill that day. Plaintiff, then 49, was sledding with his seven year
old son when the sled (described as a simple sheet of molded plastic
with no runners or steering capability) struck a brownish mound which
threw him and his son into the air. When they hit the ground,
plaintiff's son landed on plaintiff's pelvis, causing serious
injuries, including a spinal fracture.
Plaintiff and his wife thereafter brought suit in Supreme Court
against defendant Town and the manufacturer of the sled. A second
action by plaintiffs against defendant Albany Medical Center and the
surgeon who treated plaintiff for his injuries was consolidated with
the instant action; before trial, plaintiffs settled their dispute
with the medical center and surgeon, and discontinued their action
against the sled manufacturer. Prior to trial, defendant moved for
SNIPPETS:
This opinion is uncorrected and subject to revision before publication in the New York
We must decide whether defendant Town may avoid liability for plaintiff's injuries by
Because we conclude that the hill where the accident occurred was part of a supervised public
Plaintiff Patrick Sena was injured on January 22, 1989, while sledding down a hill situated
Plaintiff, then 49, was sledding with his seven year old son when the sled struck a brownish
After a jury trial on the question of who was at fault in causing plaintiff's injuries,
The trial court denied defendant's posttrial motion to set aside the verdict as against the
The jury had not been charged on the issue of the applicability of GOL § 9 103, nor was the
The majority found that the hill (a former gravel pit) upon which plaintiff was injured had
The majority also found that improvements made by Townto the property did not change the
Defendant had declared the area to be a Town park by Town Board resolution.
Thus the Legislature, in drafting the statute, intended a quid pro quo, whereby property
The defendant's negligence, if any, is immaterial" (Sega v State of New York, 60 NY2d 183,
In 1988, the Greenfield Town Board directed the Town Highway Superintendent to grade the
In keeping with his official duties, the Highway Superintendent routinely inspected the hill,
The Town Supervisor initially complied, but appears to have been overruled by the Town Board,
Accordingly, the order of the Appellate Division should be reversed, with costs, and the case
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