Paulissen
Paulissen v. US LIFE INS. CO. IN CITY OF NY
Opinion
Opinion
Collins, J.
ORDER RE: PLAINTIFF’S MOTION FOR JURY TRIAL; PLAINTIFF’S MOTION TO EXCLUDE EXPERT WITNESS; DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This case arises out of the refusal of Defendant United States Life Insurance Company (“U.S.Life”) to pay accidental death benefits to Plaintiff Louise Paulissen after the death of her husband, Peter Pau-lissen. Pending before the Court are three motions: Plaintiffs Motion for Jury Trial, Plaintiffs Motion to Exclude Expert Witness, and Defendant’s Motion for Summary Judgment. The Motions came on regularly for hearing before this Court on May 20, 2002. Upon consideration of the submissions of the parties, the case file, and the arguments of counsel, the Court hereby DENIES all three Motions.
I. FACTUAL AND PROCEDURAL HISTORY
In October 2000, at the age of 63, Mr. Paulissen embarked on a trip to Nepal to trek through portions of the Himalayas as part of a group trek organized by the Himalayas Explorers Club. See Amended Separate Statement of Uncontroverted Facts & Conclusions of Law (“UF”) ¶ 10. Mr. Paulissen was an experienced mountain climber. He regularly climbed local Southern California mountains and had climbed Mt. Whitney several times, most…