New York

New York Court of Appeals Addresses Spectator's Assumption of Risk

By Matthew Lerner

In a short sua sponte merits decision, the New York Court of Appeals in Roberts v. Boys & Girls Republic, Inc. upheld that the plaintiff assumed the risk that resulted in her injury -- being hit in the face by a baseball bat while a spectator at a little league baseball game.  Here are the facts as described by Justice Kavanagh in his dissent below; you decide whether the plaintiff assumed the risk of her injury.

The Plaintiff was at the park to watch her son's little league practice. When the accident occurred, she was standing on a path that went from the entrance of the park to the spectator bleachers adjacent to baseball "Field Six. "  Along the third base side of Field Six ran a chainlink fence that separated the bleachers from the field of play, and which had an opening that allowed entry onto the field of play. Field Six lay in front of the bleachers; behind the bleachers was a separate, grassy area where the plaintiff's son's little league team was practicing. During the practice, the plaintiff sat on the bleachers. When the practice concluded, the plaintiff met her son with his team and coach on the path on the spectator's side of the opening in the fence that led to Field Six. Another team was on Field Six at this time playing a scrimmage game. After speaking briefly to her son and Coach Alameda, the plaintiff proceeded to walk toward the bleachers. Unbeknownst to the plaintiff, as she approached the bleachers she walked near an area that had been unofficially designated as an "on-deck" circle, where one of the players involved in the scrimmage on the field was standing with an aluminum bat. The player took a warm-up swing with the bat while standing off to the side of the plaintiff and struck her on the right side of her face, causing injuries, including a concussion, fractures to the upper and lower jaw and loss of teeth.

Full post as published by New York Civil Law on June 09, 2008 (boomark / email).