Appeals Court Overturns Ruling in Negligence Case

Sep 11, 2009

A New York state appeals court has reversed a lower court’s ruling, thus granting summary judgment to a school district, which was sued by a wrestler who was injured during practice.   In so ruling, the court found that the plaintiff assumed the risk of injury ad that the affidavit of the plaintiffs' expert was insufficient to raise a triable issue of fact.   Plaintiff Anthony F. Musante, Jr. was an experienced high school wrestler, who allegedly was injured during wrestling practice
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