Spectator at Baseball Game Strikes Out Based on Assumption of Risk

A personal injury action brought by a spectator at a New York Mets baseball game was dismissed by a New York court based on the plaintiff’s assumption of risk and lack of actual or constructive notice of any dangerous condition.   The plaintiff Bernardo Diaz commenced a personal injury action in the Supreme Court of the State of New York, Queens County against the City of New York, the City of New York Department of Parks and Recreation and Sterling Mets, L.P. The plaintiff alleged that