New York’s Appellate Court Determines that Plaintiff Assumed the Risk of Injury Associated with the Presence of Breakaway Bases

By Carla Varriale   Last month, along with the start of baseball season and the start of recreational leagues, New York’s Appellate Division, Second Department held that the doctrine of primary assumption of risk barred a personal injury action arising out of a baseball player’s collision with a stationary base.   The plaintiff, an experienced recreational baseball player who was playing in a tournament at the time of the alleged accident, slipped on artificial turf as he was runni