Archive for the ‘Softball’ Category

(Un)Safe! – High School Softball Playing Injured During Sliding Drill; Triable Issues Regarding Increased Risks (NY)

August 31, 2015

Brown v. Roosevelt Union Free School District (New York)

A high school senior softball player was injured while participating in an infield sliding drill during softball practice on an elementary school field.  The team was practicing on the elementary school field because the high school field was being renovated.  The injured player’s mother filed a lawsuit on her behalf alleging that the coach increased the inherent risks of the softball by having her perform an infield sliding drill on a grass field.  The defendant school filed a motion for summary judgment, arguing that the claim was barred by the doctrine of primary assumption of risk.  Defendant asserted that under the law, the risks of an activity include risks associated with the construction of the playing surface and any open and obvious condition on it.  The trial court denied the defendant’s motion, and the defendant appealed.

The Appellate Division of the Supreme Court affirmed the trial court decision.  The Court concluded that “the defendants failed to establish, prima facie, that the infant’s coach, by having her perform an infield sliding drill on the subject grass field, did not unreasonably increase the inherent risks of the activity.”  In that the defendant failed to meet its burden, the Court said it did not need to determine the sufficiency of the plaintiff’s opposition papers.

Injured Slow-Pitch Softballer Strikes Out in Court

July 6, 2008

Craig v. Amateur Softball Association of America (Pennsylvania)
(Softball Player Struck in the Head by Softball During Game Assumed the Risk of Injury.)

Plaintiff was struck in the head by a softball while playing in a slow-pitch softball game. He was not wearing a helmet at the time and his injuries were serious injuries. The defendant softball league filed a motion for summary judgment, asserting that it did not owe a duty of care to plaintiff to prevent the injury, and that even if such a duty existed, that plaintiff had assumed the risk of this injury by voluntarily choosing not to wear a helmet. In granting defendant’s motion, the trial court ruled that defendant owed no duty to prevent inherent risks of softball. Plaintiff appealed.