Ice Caves Mountain, Inc. (D), operates a large scenic park as a tourist attraction. Shawcross, a patron, walked off the main trail up the hillside and fell into a 40-foot crevice, where he remained until rescued about four and a half hours later. P and Miller (D) got word of the emergency. Riding on Miller's (D) motorcycle, they proceeded up to Ice Caves Mountain. It was daylight when the two arrived at the entrance. After waiting about 45 minutes, P testified that he received instructions pursuant to which he carried first aid equipment and rope down to the fissure into which Shawcross had fallen. On a second trip, P carried a stretcher and additional equipment, assisted a nurse, and eventually helped carry Shawcross, on the stretcher, to the ambulance. Once the rescue was completed, P and Miller (D) returned to the motorcycle and left the parking area. It was now 9:30 or 10:00 p.m. As the motorcycle approached a curve, it hit a series of holes, went out of control, slipped from one side of the road to the other, and threw both driver and passenger out onto rocks. Once the rescue was completed, P and Miller (D) returned to the motorcycle and left the parking area. It was now 9:30 or 10:00 p.m. As the motorcycle approached a curve, it hit a series of holes, went out of control, slipped from one side of the road to the other, and threw both driver and passenger out onto rocks. Fred Grau, president of Ice Caves Mountain, Inc. (D), testified that after learning of the first accident, he came to the scene to direct the rescue operation but permitted the fire department to take over when the fire chief arrived. Ralph Stedner, chief of the Cragsmoor Volunteer Fire Department, responded to the emergency with 8 men. Stedner testified that he tried to keep all of the volunteer civilians back because even though they wanted to help, they did not know what to do. The court instructed the jury as to the three options it could find for P’s status: Trespasser, licensee, or invitee. The jury returned a verdict for P on the issue of liability and made an apportionment whereby 60% of the verdict was to be borne by Miller (D) and 40% by Ice Caves Mountain (D). Ds appealed. The Appellate Division unanimously affirmed.

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