Assumption of Risk

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In Woo v. United Nations Intl. School, 2013 NY Slip Op 51167(U) (N.Y. Sup. Ct. July 11, 2013), the court dismissed a personal injury action brought by a high school baseball player. Plaintiff Woo was injured when, as he was preparing to catch a ball thrown by plaintiff’s teammate DeRosa, the ball “glanced off the outer portion…

Read More High School Baseball Player Assumed Risk of Injury; Complaint Dismissed
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A Staten Island trial court recently dismissed a lawsuit arising from injuries sustained by an 11-year old judo student (Anthony Morales, Jr.) while training with a more senior, older, heavier, and taller student during a class.  The case is Morales v. Longview Academy of Extreme Martial Arts, Inc., decided July 29, 2013. The injury occurred when…

Read More Foot Swept, Risk Assumed, Lawsuit Dismissed
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Bukowski v. Clarkson Univ., No. 510051 (3d Dept. July 14, 2011):  Plaintiff, a college baseball pitcher, sued his school (Clarkson University) to recover damages for injuries sustained after he was hit in the face by a line drive during batting practice.  After a jury trial, the trial court dismissed his complaint on the ground that…

Read More Pitcher, Hit By Line Drive, Assumed Risk of Injury
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