Pitcher Strikes Out: Divided Appellate Panel in New York Holds He Assumed the Risk of Injury During ‘Live’ Batting Practice

In Bukowski v. Clarkson University, a sharply split appeals court has held that an injured pitcher, who was struck in the face by a baseball during an indoor “live” batting practice, assumed the risk of injury and cannot sue his school. The pitcher, Shane Bukowski, admitted that he was an experienced baseball player. He argued, however, that the inherent risk of being struck by an errant baseball was increased because the defendants did not require protective screening for indoor “live”