Plaintiff Tricia Chiaramonte, a Suffolk County resident, alleged two causes of action premised in negligence against the Town of Smithtown and the Recreational Sports League, respectively. The plaintiff alleged that on May 10, 2014, she was present for a charity softball tournament at the Flynn Complex in Smithtown. It is al-leged that the defendants’ representatives inspected the baseball field where the plaintiff’s game would occur and approved that it was safe for use prior to the accident. The plaintiff also alleged that Recreational Sports League supplied umpires for the event and contracted with the Town of Smithtown to organize the charity event.
During the second game of a scheduled double-header that day, the plaintiff was allegedly injured after falling in a muddy area located between second and third base. It is alleged that her fall was the result of the field be-ing unsuitable for play due to the muddy conditions at the time of the incident.
The Town of Smithtown and Recreational Sports League moved for summary judgment on the basis that the defendants did not owe the plaintiff a duty of care with respect to the open and obvious field conditions (i.e. mud in the infield), as the plaintiff was aware that it had rained the day before her accident as well as the morning of, and admitted to observing mud on the entire field prior to the accident. The muddy condition of the field was known to the plaintiff and was not in any way concealed. Furthermore, there was no actionable inherently dangerous or defective condition at the subject premises giving rise to the alleged incident, and thus the defendants had no duty to warn the plaintiff. To say that mud, a naturally occurring geographic condition, is dangerous, is entirely nonsensical.
Furthermore, the plaintiff was a seasoned softball player with years of experience and knowledge as both a player and a coach. She admitted that she was aware of the risk of being injured while playing softball, and despite observing the muddy field conditions before the softball game started, the plaintiff voluntarily played in the game notwithstanding same. Furthermore, the subject ball field was well-maintained in reasonably safe condition at the time of the accident, and there was no record of prior complaints or similar accidents.
The defense attorney’s motion was granted by Judge William G. Ford of the Supreme Court, Suffolk County. Judge Ford determined that the defendants had established their prima facie case of entitlement to summary judgment. The evidence established that the plaintiff was aware of the risks inherent in the sport of softball as well as the condition of the playing fields on the date of her accident. Further, the defendants established that the Town of Smithtown employees were diligent in their inspection of the fields and took measures to remedy any deficiencies. The Town of Smithtown also demonstrated that there were no complaints made on the date of the plaintiff’s accident regarding the fields and no other players were injured.
The Court went on to find that the plaintiff’s submissions in opposition did not raise a triable issue of material fact. The plaintiff was aware of the muddy conditions and voluntarily chose to play on the field. Therefore, the Court held that the plaintiff assumed the risk of slipping on the mud. Additionally, none of the field’s condi-tions rose to the level of being “unassumed, concealed or enhanced risks.” Finally, the Court further found there is also no evidence that defendant Recreational Sports League owed any duty to the plaintiff as it did not organize or sponsor the charity tournament, nor did it own, operate, manage or have any other responsibilities with respect to the field at Flynn Memorial Park.
Tricia Chiaramonte v. Town of Smithtown and Recreational Sports League; Supreme Court, Suffolk County; Index No. 3985-2015; March 15, 2018
Attorneys of Record: (for defendants) Carla Varriale and Lindsay Kaplow, of HRRV in NYC.
