Thomas Swartz

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When someone voluntarily engages in sporting events or athletic activities, the primary assumption of risk doctrine will bar a personal injury lawsuit to recover for injuries sustained from conduct or conditions which are inherent in that activity.  An interesting case involving assumption of risk and injuries sustained by a road cyclist was decided on May

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The primary assumption of risk doctrine provides that those who engage in sporting or recreational activities consent to the commonly appreciated risks which are inherent in and arise out of the nature of that sport or activity.  It thus acts as a bar to a defendant’s liability based on that defendant’s alleged negligence.Deciding precisely which

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A criminal defendant has a right to be personally present at the time his “sentence” is pronounced (Criminal Procedure Law 380.40).  But what exactly comprises a defendant’s “sentence?”The Court of Appeals answered an aspect of this question yesterday in People v Guerrero , 2009 NY Slip Op 01242.The defendant pleaded guilty to murder in the

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