Archive for the ‘Track and Field’ Category

Injured Shot Putter Chances in Court Are Shot

July 6, 2008

Gerry v. Commack Union Free School District (New York)
(Injured High School Shot Putter’s Assumed Risk of Being Hit by Shot.)

The plaintiff, a high school student-athlete shot putter, was injured when he was hit with a shot thrown by the defendant during a track meet. As a member of the school’s track team, plaintiff had participated in 10 to 15 similar track meets, and he had thrown the shot himself between 100 and 200 times. The trial court granted the defendant school district’s motion, dismissing the case, and the plaintiff appealed. On appeal, the Court explained that “[i]n assessing whether a defendant has violated a duty of care in the context of an injury sustained during a sport or game, [it] must [be] determine[d] whether the defendant created a unique condition ‘over and above the usual dangers that are inherent in the sport’.” The Court concluded that there was “no evidence in the record that any conduct on the part of the defendants created a unique condition over and above the usual dangers associated with the sport of shot put.” Therefore, the Court affirmed the ruling. The plaintiff attempted to offer the declaration of an expert witness on appeal, but the Court stated that the plaintiff had unreasonably delayed in identifying the expert witness.

NOTE: Technically a determination of the inherent risks in an activity should not inolve the analysis of a participant’s subjective experience. The inherent risks are the inherent risks regardless of anyone’s particular experience or knowledge. Nonetheless, whenever evidence of extensive experience is available, it is generally useful to include from a defendant perspective as it may help balance the equities and alleviate any sympathy facotrs that may be asserted. It would have been interesting to see how the court would have dealt with the expert witness testimony if it had been timely and admissible. It has always been a point of contention, and there is not been total consensus, in terms of whether or not expert witnesses should be allowed to offer opinions to the court as to what it or is not an inherent risk in an activity.

Injured High School Track Athlete Hurdles Summary Judgment

July 6, 2008

Morales v. Beacon City School District (New York)
(Inexperienced High School Track Athlete Injured During Practice After Coach Directed Him to Run Hurdles With Minimal Instruction; Court Denied School’s Summary Judgment Due to Triable Issue of Fact Regarding Increased Risks.)

The plaintiff was a high school track athlete who had minimal experience running hurdles. He claimed that the coach told him to run hurdles, but failed to give him adequate instruction, resulting in his personal injury. Additionally, the athlete contended the hurdle he fell over was not set up properly because the horizontal bar was uneven. The defendant school moved for summary judgment on the grounds that the plaintiff had assumed the inherent risks of injury by participating in this sports activity. The court denied the motion and the school appealed

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