By Scott A. Andresen, ESQ. Introduction In the never-ending quest to enhance the game day experience of its fans, baseball teams have increasingly looked to in-game giveaways delivered by mascots, cheerleaders, spirit teams and the like. The vast...
A New York state appellate court has affirmed the ruling of a lower court, which granted summary judgment to a health club patron/swimmer, who was sued by a personal trainer after the two parties collided in an indoor pool. Plaintiff Pamela Rueckert was...
By Jill L. Yonkers The doctrine of assumption of risk is a familiar one in the sports-torts arena. The general rule is that an athlete assumes the normal, commonly appreciated risks associated with playing his or her particular sport. It cannot be used to...
The plaintiffs asserted claims against Sterling Doubleday Enterprises, L.P., Sterling Mets, L.P., New York Metropolitan Baseball, Inc. and Queens Ballpark Company, L.L.C. for common law negligence and Res Ipsa Loquitur. During the 9th inning of a New York Mets...
A Florida state appeals court has reversed a lower court by finding that a Go-Kart operator was not protected by the “waiver and release from liability” form that she signed before she was injured in a Go-Kart accident. In remanding the case back to the lower...
A federal judge from the Middle District of Pennsylvania has denied a ski resort’s motion for summary judgment in a case in which a woman sued the company for negligence after a skier collided with her, while she watched her husband and kids take skiing lessons....
The Supreme Court, Nassau County has concluded that patrons at a Long Island Ducks baseball game assumed the risk of injury as a result of a foul ball and that the defendant discharged its duty of care. The plaintiffs William May and Jodi May commenced an...
A New York state court judge has granted summary judgment to Madison Square Garden (MSG) in a case in which the owner of the facility was sued by a patron, who slipped and fell after attending a basketball game. In so ruling, the court found that the plaintiffs...
The Entertainment Arts & Sports Law Section of the New York State Bar Association is hosting a sports law seminar of Thursday, September 19, entitled “If You Build It, They Will Come.” The seminar, which will be held in the auditorium at Herrick Feinstein...
Part 1: The NFL By Andrew M. Blecher MD Collision sports are full-contact sports with a greater than average risk of injury. They include sports such as football, rugby, ice-hockey, mixed-martial arts and boxing. But there is something different about...
A New York state appeals court has affirmed the ruling of a lower court, denying separate motions to dismiss made by two defendant school districts in a personal injury case. The impetus for the action occurred on March 17, 2009 when plaintiff Anthony C....
A district judge from the Western District of Pennsylvania has ruled that a cheerleader can amend her lawsuit, which claims that her coach all but ignored past concussions and forced her to participate in dangerous stunts. At the time of the incident, plaintiff...
