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 commenced suit against the Town of Oyster Bay, which owned the public park in which the baseball field was located, and Plainedge Youth Baseball League (PYBL), the organizer of the baseball game. She alleged, among other things, that both defendants were negligent in their maintenance of the grounds surrounding the field, such that they should be held liable for negligence.
HRRV, on behalf of PYBL, moved for summary judgment on the basis that the patch of mud in question was open and obvious and not inherently dangerous as a matter of law. Similarly, in addition to other contentions, HRRV argued that the condition was a naturally occurring topographic condition that was not actionable as a matter of law. On these points, the deposition testimony of Sirianni’s ex-husband was submitted, who testified that he consciously avoided mud throughout the spectator area of the field. Certified weather
reports were also submitted, among other evidence, establishing that it had rained on the day of the accident, and on each of the three days leading up to it. The Town of Oyster Bay cross-moved with similar arguments.
Sirianni’s counsel opposed the motion, largely on the basis of the opinion of an expert, who opined that various structural deficiencies in the park somehow caused the patch of mud in question. HRRV argued that the expert’s opinions should be given no weight, as they were speculative, conclusory and without any independent factual basis.
HRRV’s motion on behalf of PYBL was initially denied by Judge Angela Iannacci of Supreme Court, Nassau County. In a brief decision, the judge held that both PYBL and the Town of Oyster Bay had failed to meet their entitlement to judgment as a matter of law and that, in any event, Sirianni raised a triable issue of fact.
However, on appeal, the Appellate Division, Second Department reversed, dismissing Sirianni’s negligence action in its entirety. The appellate court determined that the evidence established that “the mud condition of the field, caused by rain, was an open and obvious condition readily observable by those employing the reasonable use of their senses, and not inherently dangerous.” As it relates to the plaintiff’s opposition, the Appellate Division, Second Department similarly agreed with HRRV, holding that the opinions of the expert in question were “conclusory and speculative and with no independent factual basis.”
Sirianni v. Town of Oyster Bay Appellate Division, Second Department Index No. 6666/2012 A.D. Docket No. 2016-03782 December 13, 2017
Varriale and Schatzle represented Plainedge Youth Baseball League. Varriale can be reached at 646-747-5115 or carla.varriale@hrrvlaw.com. Schatzle can be reached at 646-747-5124 or shawn.schatzle@hrrvlaw.com.
