194 A.D.3d 798
N.Y. App. Div.2021Background
- Plaintiffs (injured ATV rider and his wife derivatively) sued Michael Cooper and others after Cooper allegedly caused a tree limb to snap and break the injured plaintiff's leg while performing trail maintenance.
- Both Cooper and the injured plaintiff were members/volunteers of Sullivan County ATV Association, Inc. (SCATV).
- Cooper filed a third-party complaint against SCATV; discovery followed.
- SCATV moved for summary judgment dismissing the third-party complaint; Cooper separately moved for summary judgment dismissing the complaint as to him.
- Supreme Court (Westchester County) granted both motions; plaintiffs appealed as to both rulings but were found not aggrieved by the SCATV ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cooper is immune from liability under the Federal Volunteer Protection Act (FVPA) | Cooper acted negligently while volunteering and should be liable for injuries | Cooper is a volunteer of a nonprofit and acted within scope; FVPA bars liability absent willful/criminal misconduct, gross negligence, recklessness, or conscious indifference | Court held Cooper entitled to FVPA immunity; summary judgment for Cooper affirmed |
| Whether plaintiffs raised triable issue of willful misconduct or gross negligence to defeat FVPA immunity | Plaintiffs argued facts supported denial of immunity (implied) | Cooper showed no evidence of willful/criminal misconduct, gross negligence, reckless conduct, or conscious indifference | Court held plaintiffs failed to raise a triable issue; Alvarez standard applied to defeat opposition |
| Whether SCATV's summary judgment dismissal of third-party complaint was reviewable by plaintiffs on appeal | Plaintiffs appealed that portion | SCATV argued plaintiffs not aggrieved by dismissal of third-party complaint | Appeal dismissed as plaintiffs not aggrieved under CPLR 5511/Mixon |
| Whether any remaining contentions by plaintiffs warranted reversal | Plaintiffs advanced other unspecified contentions | Defendants maintained immunity and lack of triable issues | Court found plaintiffs' remaining contentions without merit |
Key Cases Cited
- Entler v. Koch, 85 A.D.3d 1098 (App. Div. 2011) (discusses scope and application of FVPA volunteer immunity)
- Alvarez v. Prospect Hosp., 68 N.Y.2d 320 (N.Y. 1986) (standard for opposing summary judgment; plaintiff must raise triable issue)
- Mixon v. TBV, Inc., 76 A.D.3d 144 (App. Div. 2010) (standing/aggrievement for appeals under CPLR 5511)