By Carla Varriale-Barker, Eileene McKee, and Riggs Faulkenberry, of Segal McCambridge
The plaintiff was allegedly injured at his son’s football game at Monsignor Farrell High School while volunteering as a member of the chain crew. As a member of the chain crew, one holds the first-down marker on the sidelines and moves the marker as the ball is progressed up and down the field. The plaintiff was standing on the sideline with the line marker when a player attempting to make a tackle collided with him, allegedly causing severe injury to his leg.
In 2023, the plaintiff initially filed suit against the Archbishopric of New York and Monsignor Farrell High School, claiming their negligence led to his injuries. He alleged that the defendants put him in harm’s way and did not adequately protect him from injury.
Initially, the defendants’ attorneys in the first case moved for summary judgment, arguing that the plaintiff assumed the risk of his injury. Under the assumption of risk doctrine in New York, property owners are protected from liability when plaintiffs are injured during recreational activities if the plaintiff willingly participated, was injured by an inherent risk of the activity, and had knowledge of that risk.
In his deposition, the plaintiff testified that he signed up to volunteer for the team, as it was encouraged for parents of players to do so. Despite it being his first time working on the chain crew, he was a willing participant and had observed others performing this role at prior games. He testified that he had attended many football games and was aware of the risk of being hit by a player while standing on the sideline. He further testified that he was not surprised he was injured, but was surprised by the extent of his injuries.
The plaintiff opposed the motion by arguing that the defendants unreasonably increased the risk of injury beyond those inherent in the sport by failing to train him and properly control the teams. Despite this argument, the court ruled in favor of the defendants and granted summary judgment.
In pursuit of another opportunity to recover monetary damages, the plaintiff commenced a second action in 2025 against the Catholic High School Athletic Association, the New York State Catholic High School Athletic Association, the Catholic Central High School Athletic Association, Inc., the New York Catholic High School Football League, six referees from the game, and Bishop Hendricken High School, the visiting team.
On behalf of our clients, we filed a pre-answer motion to dismiss the plaintiff’s latest action, relying on the doctrines of res judicata and collateral estoppel. These doctrines bar plaintiffs from relitigating issues that have already been decided. We argued that the facts of the case were identical to those in the 2023 matter, and that the plaintiff had simply substituted new defendants in an attempt to relitigate the same claims. As such, it had already been determined that the plaintiff assumed the risk of his injury, eliminating any duty of care owed by the defendants.
We also emphasized that Christopher Malkin and Ronald Eason were independent contractors hired solely to officiate the game, and therefore were not owners or occupiers of the premises and had no duty to inspect, maintain, control, or supervise the property. Additionally, the actual premises owner, Monsignor Farrell High School, had already been granted summary judgment in the 2023 matter.
We further argued assumption of risk as an independent basis for dismissal, asserting that even if res judicata and collateral estoppel did not apply, the plaintiff still assumed the risk of his injuries, thereby eliminating any duty of care.
All defendants in the 2025 action made similar arguments, and the court granted dismissal as to all defendants, barring the plaintiff’s claims on the grounds of res judicata and collateral estoppel.
Varriale-Barker is a shareholder, and McKee is an associate. Faulkenberry is a former Clemson University football team member and an incoming Juris Doctor candidate at the University of Pennsylvania Carey Law School.
