High School Wrestlers’ Actions Dismissed Based on Assumption of the Risk

By Gregg Scharaga, of Havkins Rosenfeld Ritzert & Varriale   In two separate actions commenced on behalf of high school wrestlers stemming from the same wrestling tournament in February of 2011, the defendants’ motion for summary judgment were recently granted by Justice Diane Devlin of the Supreme Court, Erie County.   The plaintiffs allegedly contracted herpes gladiatorum and MRSA from another wrestler while participating/competing in a wrestling tournament at Starpoint High School