Sports Injuries

City Defendants Win Summary Judgment on Trivial Defect Defense (NY)

In Acevedo v. City of Yonkers, the infant plaintiff was allegedly injured when he was playing basketball in the street in front of his home, located in Yonkers, and tripped and fell over a water valve cap that was recessed into the street. The family brought suit against the City of Yonkers. The defendants moved for summary judgment dismissing contending that they did not receive prior written...Read More

Fore! Was the Swing Foreseeable? (NY)

In Carpaneto v. Middle Bay Golf Club, the Appellate Division, Second Department addressed whether the defendant, Middle Bay Golf Club, satisfied its duty of supervision over the children it was charged with training. Plaintiff, seven years old, participated in Junior Golf Day at the defendant’s club. Plaintiff was part of a group of children at the club’s chipping station where there were two...Read More

Plaintiff Cries Foul Over Wet Basketball Court (NY)

In Asprou v. Hellenic Orthodox Community of Astoria, the plaintiff was injured when he slipped and fell on water leaking from the roof of the defendants’ gymnasium while playing basketball at the defendants’ school. The school moved for summary judgment seeking to dismiss the complaint by arguing that the school did not create the dangerous condition or have actual or constructive...Read More

Are “Business Interruption” Claims Now “Sports Interruption” Claims? (PA)

On Tuesday June 23, 2020, fifteen minor league baseball teams filed a complaint against their insurers in the federal district court for the Eastern District of Pennsylvania. The teams, which include, among others, the Chattanooga Lookouts in Tennessee and the Fort Wayne TinCaps in Indiana, claim that they are owed coverage under their respective business interruption policies. The teams...Read More

Defendants Strike Out On Appeal For Summary Judgment On Alleged Baseball Field Negligence (NY)

In Morace v. Commack North Baseball Clubs Inc., the infant plaintiff was at baseball practice when his coach hit a ball to him.  As the infant plaintiff raced to catch the ball, he allegedly fell and sustained injuries after encountering a hole at the location of a sprinkler head. A lawsuit was filed against the Town of Smithtown and Commack Baseball. Both defendants moved for summary...Read More

Plaintiff Skies Her Way To Multi-Millions In Verdict Award (NY)

In Zhou v Tuxedo Ridge LLC plaintiff , then a nine-year-old novice skier, was injured while skiing at the Tuxedo Ridge Ski Center. Prior to her injury, she took the chairlift to the top of the bunny slope and began her first run of the day. At the bottom of the bunny slope, the corral for the ski lift was separated from the rest of the slope by orange-and-black striped bamboo poles, an orange...Read More

Touch Football Turns Into Trip Football And Leads To School Liability (NY)

In Deegan v. St Patricks Church at West Neck, plaintiff, who at the time of the accident was a fifth-grade student attending defendant’s school, was injured when he fell while playing touch football in the parking lot during recess. Plaintiff alleged that defendant negligently failed to supervise plaintiff and was negligent in maintaining the subject premises, allowing a dangerous...Read More

Keep Your Eye On The Ball: Soccer Player’s Concussion Dismissed Against Athletic Department (NY)

In Calderone v Molloy College, plaintiff was a student-athlete who played for Molloy College’s soccer team. During a matchup, plaintiff took a soccer ball strike to the head and he suffered a concussion. Plaintiff stayed in the game and claimed that his injuries were exacerbated by continuing to play and brought suit against the athletic department and the referees stating that they should...Read More

Plaintiff’s Hail Mary to Overturn Decision Is Denied (NY)

In Ninivaggi v. County of Nassau, the 14 year old plaintiff allegedly was injured when he and a friend were playing catch with a football on the premises of an elementary school owned by the defendant Merrick Union Free School District.  The injury occurred when the infant plaintiff stepped into a “depression” or “hole” on the grassy field, lost his balance, and fell....Read More

How Careful Should Athletes (and Defendants) Be in New Jersey? (NJ)

In Mesar v Bound Brook Board of Education, a teenage plaintiff sued his local school board after he severely broke his ankle while playing baseball for the school team.  Specifically, he claimed the assistant coach improperly signaled for him to slide into third base as he approached, causing the injury. The defendants won summary judgment in the first instance and plaintiff appealed.  The...Read More