Morrissey v. Arlington Park Racecourse, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “nonmoving party must present a bona fide factual issue and not merely general conclusions of law”
• finding insufficient support to conclude that primary assumption of the risk necessarily abrogates the deliberate encounter exception
• conclusions or statements based only on information or belief are insufficient to withstand pleading challenge
• the deliberate encounter exception “has most often been applied in cases involving economic compulsion, as where workers are compelled to encounter dangerous conditions as part of their employment obligations”
• the existence of duty is not determined by the presence or lack of alternate avenues to avoid an open and obvious danger, but whether the alternate was foreseeable, despite the open and obvious danger

Source: CourtListener parenthetical corpus (CC0).