On Appeal, Patch of Mud Deemed Open and Obvious and Not Inherently Dangerous, Dismissing Baseball Spectator’s Claim
By Carla Varriale and Shawn Schatzle, of Havkins Rosenfeld Ritzert & Varriale
Plaintiff Marian Sirianni was allegedly injured on June 12, 2011 while watching her grandson play youth baseball at Picken Field in Massapequa, New York. She had been standing in a spectator area behind one of the dugouts and began walking toward the field to say good-bye to her grandson. While doing so, she slipped in a patch of mud in the spectator area, sustaining injuries.
Sirianni thereafter commence