$225,000 Recovery After Reckless Inline Skater Struck Cyclist in Central Park
A 59-year-old bicyclist was riding the Central Park loop when an inline skater lost control on a downhill, fell into the bike lane, and struck him. The Orlow Firm pursued the skater for negligence and identified a personal-lines insurance policy that could pay any recovery. The skater's insurance company's defense was simple: cycling in Central Park is a known risk. By riding in the park, our client had accepted that risk himself. They asked the court to throw the case out on that ground. The Orlow Firm beat the motion, kept the case alive, and recovered $225,000 for our client.
Prior results do not guarantee a similar outcome.
What Happened
Our client was a 59-year-old taxi driver who liked to ride his bike in his free time. On June 21, 2014, he entered the Central Park loop and started downhill in the bike lane. An experienced inline skater was traveling along the line between the pedestrian area and the bike lane. As they both reached the downhill, the skater picked up speed, lost his balance, and fell directly into the bike lane in front of our client's bike. There was no time to stop. The crash was unavoidable.
How We Won
The skater's lawyers asked the court to dismiss the case on a doctrine called assumption of risk. Their argument was that a person who rides a bike in a busy park is on notice that other people in the park can lose control, and that the cyclist had taken on that risk by being there. If the court agreed, the case would have been over before any jury heard the facts.
Adam Moses Orlow, our Senior Trial Partner, anchored the case in the specific rules that apply in New York City parks. New York City's Administrative Code and the state's park regulations both forbid the reckless operation of inline skates. An experienced skater who picks up speed on a hill and crashes into a designated bike lane is operating recklessly under each of those rules. The court denied the skater's motion. The case was alive, and we moved it to mediation.
The Injuries
Our client was taken by ambulance to the hospital with a shoulder injury and two fractured ribs. He had shoulder surgery, and complications extended his hospital stay. A year later, a follow-up surgery was needed to address ongoing symptoms. He missed about three months of work as a taxi driver during his recovery.
The Result
The Orlow Firm recovered $225,000 for our client.
Prior results do not guarantee a similar outcome.
If you or a loved one has been hurt by someone else's recklessness in a New York park or anywhere else, contact The Orlow Firm at (646) 647-3398 for a free consultation.
