Assumption of Risk Holds Up After Incident in Indoor Batting Cage

Jun 29, 2012

New York State’s highest court, the Court of Appeals, has affirmed a lower court’s ruling that a college baseball player assumed the risk of injury when he was hit in the face by a line drive during batting practice.   The panel of judges dismissed the plaintiff’s arguments that the doctrine of assumption of risk was inapplicable because he had never practiced indoors before and that the conditions enhanced the risk.   Plaintiff Shawn Bukowski began playing organized baseball at
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