Personal Injury Law

Boxer Knocks Out State’s “Special Relationship” Defense In His Negligence Claim Against New York State Athletic Commission

 “In the clearing stands a boxer, and a fighter by his trade” - Paul Simon, 1968.

In Gamache v. State Of New York, 106968, decided 11/26/08, Joey Gamache, a professional boxer, alleged that the State Athletic Commission (”Athletic Commission”) improperly conducted the weigh-in for a professional boxing match which permitted his opponent to be 19 pounds more than the agreed upon maximum, and then allowed the match to occur while his opponent wore 8 ounce boxing gloves instead of the proper 10 ounce gloves, resulting in permanent injury. In what the decision states is a case of first impression, Court of Claims Judge Melvin L. Schweitzer held that based upon New York’s statutory and regulatory scheme governing boxing, the New York State Athletic Commission owes a duty of care directly to licensed boxers under its jurisdiction and control to ensure compliance with statutory and regulatory mandates.   

Full post as published by Legal Blog on January 27, 2009 (boomark / email).