In an action commenced on behalf of a youth soccer player against Long Island Junior Soccer League, Inc., Eastern New York Youth Soccer Association, Inc., Albertson Soccer Club, Dix Hills Soccer Club, and Roslyn Union Free School District, the defendants’ motion for summary judgment was recently granted by Justice James Hudson of the Supreme Court, Suffolk County.
The infant plaintiff was allegedly injured at the Roslyn High School Athletic Field in Roslyn Heights, New York, while participating in a sanctioned soccer game through the Long Island Junior Soccer League. The infant plaintiff’s soccer cleat allegedly became stuck in a metal drainage grate along the perimeter of the soccer field.
In support of their motion for summary judgment, defendants argued that the infant plaintiff’s assumption of the inherent, obvious risk of playing soccer, notwithstanding his awareness of the purported obvious condition on the perimeter of the soccer field, negated defendants’ putative duty of care. Additionally, defendants argued that there was no actionable inherently dangerous or defective condition at the subject premises giving rise to the alleged accident, as the drainage grate was both open and obvious and defendants had no duty to warn of same.
The Court noted that “as a general rule, sport participants are held to have consented, by their participation, to the injury-causing events which are known, apparent, or reasonably foreseeable from their participation.” Justice Hudson concluded that defendants demonstrated their prima facie entitled to judgment as a matter of law by establishing that the infant plaintiff assumed the risk of injury by voluntarily participating in the soccer game, despite knowledge that he could come into contact with the open and obvious drainage grate. The drainage grate was found to be visible to anyone walking onto the field as nothing was covering or concealing it. The infant plaintiff’s testimony that he failed to notice the grate was not dispositive in light of his testimony that he had to step over it to get onto the field.
Further, the court found that plaintiffs’ expert’s affidavit was insufficient to defeat defendants’ motion, as it was speculative, conclusory, and failed to identify the violation of any specific safety standard which was applicable to the athletic field.
O’Toole v. Long Island Junior Soccer League, Inc.; Supreme Court of New York, Suffolk County; Index No.: 20112/12; October 22, 2015
Carla Varriale, Gregg Scharaga, and Lindsay Kaplow represented Long Island Junior Soccer League, Inc., Eastern New York Youth Soccer Association, Inc., Albertson Soccer Club, Dix Hills Soccer Club, and Roslyn Union Free School District
