Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

Gross v. Sweet

New York Court of Appeals
400 N.E.2d 306 (1979)


Facts

When Bruce Gross (plaintiff) signed up for skydiving lessons at the Stormville Parachute Center Training School, he told owner William Sweet (defendant) that he had an orthopedic pin in his leg. Sweet nonetheless accepted Gross as a student. Gross signed a release that stated, “I . . . waive any and all claims that I . . . may have . . . for any personal injuries . . . that I may sustain or which may arise out of my learning, practicing, or actually jumping from an aircraft.” Gross took the standard introductory one-hour lesson on land, which included oral instruction and several jumps off a 30-inch high table, then took his first practice jump from an airplane, suffering injuries when he hit the ground. Gross sued Sweet for negligence, breach of warranty, and gross negligence, asserting that Sweet failed to provide adequate training, safe equipment, and sufficient warning of the dangers of skydiving, and violated Federal Aviation Administration (FAA) rules governing skydiving schools. The trial court granted Sweet summary judgment on the basis of the release, but the appellate court reversed, prompting Sweet to appeal further.

Rule of Law

Issue

Holding and Reasoning (Fuchsberg, J.)

Dissent (Jones, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial