Consolidated Appeal Examining Primary Assumption of Risk Produced Different Results
By Rachel S. Silverman
Two cases involving the Assumption of Risk Doctrine in New York State Court produced two different results.
In the Secky case, Plaintiff had played basketball at the highest amateur student level and was injured during a drill where players competed to retrieve a rebound. The coach had explained that the boundary lines of the court did not apply to this drill and only major fouls would be called. The bleachers were retracted. When Plaintiff chased a loose ball toward