We <a href="http://www.wcmlaw.com/blog/Default.aspx?g=posts&t=961">previously reported</a> on a case involving a college pitcher who was struck in the face by a line drive. In <em>Bukowski v. Clarkson</em>, the plaintiff sued his college, alleging that the college was negligent in failing to provide an “L” shaped screen for his protection during batting practice. The Appellate Division reversed the lower court’s decision and awarded the defendants summary judgment.
The Court of Appeals recently reviewed and<a href="http://pdf.wcmlaw.com/pdf/Bukowski.pdf"> upheld </a>the Appellate Division's decision, finding that consenting participants in sports assume dangerous risks when the risk at issue (that caused the injury) is a known one. In <em>Bukowski</em>, the Court further found that the plaintiff was aware of the risks associated with pitching even though he had never pitched indoors because he had watched other pitchers and the danger was obvious. One wonders how the "assumption of risk" argument will play in regards to <a href="http://abcnews.go.com/US/nfl-players-file-lawsuit-league-concussions/story?id=16514359">the football lawsuits</a> now being filed.
Special thanks to Georgia Stagias for her contributions to this post. For more information, please contact Bob Cosgrove at firstname.lastname@example.org.