Goss v. Allen
New Jersey Supreme Court
70 N.J. 442, 360 A.2d 388 (1976)
- Written by Rose VanHofwegen, JD
Facts
Steve Allen (defendant), a 17-year-old beginner skier, lost control on his first short downhill run, and crashed into Jaqueline Goss (plaintiff), knocking her down. In the ensuing negligence action, the trial court instructed the jury that Allen should be held to the degree of care that a reasonably prudent 17-year-old should exercise, instead of an adult standard of care. The jury found Allen not negligent and Goss appealed. The appellate court reversed, reasoning that Allen should have been held to adult standard of care because skiing is an activity inherently dangerous to others that requires adult qualifications and that only adults normally undertake. Allen appealed to the New Jersey Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Sullivan, J.)
Dissent (Schreiber, J.)
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