- YMCA Not Dismissed on Charitable Immunity, But on Assumption of Risk, for a Run Into a Wall as Trial Court was Premature.
- July 14, 2017 | Author: Alicia M. Smith
- Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - Cherry Hill Office
Lequerica v. Metropolitan YMCA of the Oranges, 2017 N.J. Super. Unpub. LEXIS 975
The plaintiff’s claim, that she fell and hit her head in a fitness class due to running too fast and fell into a wall, was dismissed as Assumption of the Risk by the trial court. The appellate court found the opposite. According to the Superior Court, the trial court was premature in dismissing the motion for summary judgment on the Charitable Immunity claim without discovery on the defendant organization for educational and/or charitable purposes. The court also found that the trial court was premature in granting the motion for summary judgment on Assumption of the Risk before expert reports, which asserted a failure to set up a buffer zone, pad the walls and instruct the class.