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App. Div: High School Gymnist Does Not Assume Risk of Improperly Secured Floor Mats
June 7, 2012
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<div>In <em>Blumstein v Half Hollow Hills Cent. School Dist</em>, the plaintiff, a member of her school's gymnastics team, allegedly sustained personal injuries at practice. Several mats had been fastened together with Velcro, but allegedly had become separated. The injury occurred while plaintiff was completing a maneuver when the heel of her foot landed between two mats. The defendant moved for summary judgment on the grounds that the plaintiff assumed the risk of her injuries. The court denied this motion, stating they failed to show that the allegedly dangerous condition caused by improperly secured mats did not unreasonably increase the risk of injury inherent in gymnastics.</div>
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<span style="font-family: Times New Roman; font-size: small;">Thanks to Bill Kirrane for this post. If you have any questions or comments about this post, please email Paul at </span><span style="font-family: Times New Roman; color: #000000; font-size: small;"><a href="mailto:pclark@wcmlaw.com">pclark@wcmlaw.com</a></span>
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<div><span style="font-family: Times New Roman; font-size: small;"><a href="http://www.nycourts.gov/reporter/3dseries/2012/2012_04307.htm ">http://www.nycourts.gov/reporter/3dseries/2012/2012_04307.htm </a></span></div></td>
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