Appeals Court Affirms Assumption of Risk Ruling in Softball Case

Apr 25, 2008

A New York State appeals court has affirmed the ruling of a lower court and granted summary judgment to a softball league, which was sued by a player, who was injured in a collision at home plate.
Peter Gillen was the catcher in the game in which the collision occurred. After suffering an injury, he sued the Nassau Semi-Fast Softball League to recover damages for personal injuries.
The League then moved for summary judgment, which the trial court granted.
In considering the appeal, the Second Department of the Appellate Division of the Supreme Court of New York affirmed that the league “established its entitlement to judgment as a matter of law by demonstrating that the risk of such collision with another player is inherent in the sport of softball (see Morgan v State of New York, 90 NY2d 471, 685 N.E.2d 202, 662 N.Y.S.2d 421; Rich v West Shore Little League Baseball, Inc., 209 AD2d 396, 618 N.Y.S.2d 106).
“The plaintiff assumed that risk by participating in the softball game, and the League cannot be held liable for her injuries. In opposition, the plaintiff failed to present evidence sufficient to raise a triable issue of fact.”
Peter Gillen v Nassau Semi-Fast Softball League et al.; S.CT. of New York, App. Div., 2d Dept.; 2008 NY Slip Op 1916; 2008 N.Y. App. Div. LEXIS 1943; 3/4/08
Attorneys of Record: (for appellant) Bisogno & Meyerson, Brooklyn, N.Y. (Elizabeth Mark Meyerson of counsel). (for respondent) Molod Spitz & DeSantis, P.C., New York, N.Y. (Marcy Sonneborn and Alice Spitz of counsel).


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