New York High Court Affirms that Plaintiff Assumed Risk of Getting Struck

The Court of Appeals for the State of New York has affirmed a decision from the Appellate Division that the mother of a baseball player assumed the risk of injury when she was struck by a baseball bat off the actual playing field.   With minimal comment, the high court found that because the plaintiff “concededly observed batting equipment and players swinging bats in the area where the accident occurred, the Appellate Division correctly held that she had assumed the risk of her injuries,