December 2013 - Parks & Recreation - 25

Specifically, Starplex employees
did not indicate in any way that
they were state employees or wear
any apparel indicating they were
agents of OPRD, and OPRD did
not provide Starplex with vehicles,
logos or marks for vehicles or apparel that might lead a reasonable
person to believe Starplex employees
were agents of OPRD.
As a result, the federal district
court found no evidence on the record indicating OPRD represented
to Thomas that " the security personnel working at the OSF on September 3, 2010, were acting under
its authority. " Moreover, the court
found no evidence that Thomas in
fact relied upon " OPRD's alleged
representation that Starplex was
its agent. " Further, the court found
any such reliance would not have
been reasonable to think Starplex
was OPRD's agent. The federal district court, therefore, concluded that
Thomas' claim also failed " to the extent it is premised on the theory that
an apparent agency relationship existed between OPRD and Starplex. "
As a result, the federal district
court granted OPRD's motion for
summary judgment and dismissed
OPRD from the case.
Medieval Mishap
In the case of Grant v. Washington
Heights and Inwood Development Corp.,
2009 N.Y. Misc. LEXIS 5384; 2009
NY Slip Op 31665(U) (7/21/2009),
Matthew Grant, age 10, was injured
while attending the " Medieval Festival " with his mother, Susan Taylor, at
Fort Tryon Park on October 8, 2006.
The festival drew throngs of people and featured numerous entertainment events for both children
and adults. As part of one of these
events, about 100 children were di-

vided into two groups: the light and
the dark. The children were all given foam swords and were told to hit
with swords the children from the
opposing team. A stricken child was
to act " dead " by lying motionless on
the ground. Grant participated in the
play and was injured when he tripped

In this particular
instance, the court found
evidence that the City's
" involvement with, and
participation at, the
Medieval Festival was
limited. "
on one of the " dead " children lying
on the ground.
Taylor brought a cause of action
against the City on behalf of Grant

The legal role and limitations of
independent contractors operating in
parks hinges on the relationship and
apparent authority of each party.

for negligent supervision and oversight of the event. In response, the
City claimed it was entitled to summary judgment because the City's
actions were not the legal cause of
Grant's injuries. In so doing, the City
argued that it " owed Grant no special
duty to protect him from the alleged
negligent supervision " of co-defendants Washington Heights and
Inwood Development Corporation
(WHID) and the Wayfinder Experience Inc. (Wayfinder). Specifically,
the City contended that it " did not
breach a duty of care " owed to Grant
because " WHID was an independent
contractor under the terms of a contract between the City and WHID. "
Pursuant to the terms of the contract, the City contended WHID had
" assumed the responsibility for organizing and overseeing the Medieval
Festival, including making arrange-

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December 2013 - Parks & Recreation

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