A New York Department of Motor Vehicles employee who was injured when a student crashed during a driving test may proceed with her lawsuit against the student and a driving school, an appellate court has ruled, reversing a decision by a lower court.

A unanimous panel of the Appellate Division, Second Department, wrote in Harrison v. Crescent Driving School, 5581/12, that the defendants failed to show the action was barred by the doctrine of assumption of the risk.

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