Noting that a jury might find homeowners liable for creating “a zone of apparent danger” by fostering conditions that enticed a Long Island honors student to jump off their garage roof onto a trampoline, a judge has permitted a lawsuit filed by the teen, who was injured in the stunt, to proceed.
Ruling in Hallwood v. Daniels, 15462/09, Nassau County Supreme Court Justice Ute Wolff Lally (See Profile) denied the homeowners’ motion for summary judgment, turning aside their arguments that James Hallwood had voluntarily assumed the risk of his athletic pursuit.
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