Real Estate Law

WOMAN HIT BY DIRT BIKE RECOVERS NOTHING

OTB Jeans are portrayed as being worn by consumers who are young, edgy, hip and dangerously cool.

The company's website and marketing materials suggest that "OTB" stands for "One Tough Brand," and "One Tough Babe." So, the name should have given Kamila Ticha some indication that she was in for trouble.

According to a lawsuit filed against OTB Jeans and others -- while filming a dirt bike competition for OTB -- Ticha was hit by a rider who lost control of his bike.

In her lawsuit, Ticha v. OTB Jeans, Ticha claimed that she had been following instructions given by others and that she had been acting under an "inherent compulsion" when she was injured. In other words. the defendants were liable before Ticha was adhering to their directives. OTB countered that Ticha understood this was a perilous undertaking and that she willingly assumed the risk of filming the event.

The New York County Supreme Court sided with OTB (and the other defendants) and chucked the case. On appeal, the Appellate Division, First Department, affirmed. Apparently, there were a few factors that negated the plaintiff's ability to maintain the litigation.

First, Ticha's testimony under oath contradicted her position. Apparently, she couldn't recall whether she had been instructed to film from the particular vantage point or whether she decided to do so herself. In addition, Ticha never objected to the purported danger. And, finally, none of the defendants had any special or advance knowledge that the plaintiff would be injured if she continued to stand where she did.

Based on the AD's decision, one can't help but conclude that it doesn't pay to be "one tough babe."

For a copy of the Appellate Division's decision, please use this link: Ticha v. OTB Jeans

From Real Estate Law Blog posted 2007-04-16.