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eBook details

• Title: Michael Hoffman v. City New York
• Author : Supreme Court of New York
• Release Date : January 22, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

DECISION & ORDER In general, a person who is injured while voluntarily participating in a sporting event has no legal
recourse if his injuries were caused by an occurrence or condition which was a "known, apparent or reasonably foreseeable
consequence of the participation" (Benitez v New York City Bd. of Educ., 73 N.Y.2d 650, 657, quoting from Turcotte v Fell,
68 N.Y.2d 432, 439). On the other hand, such an injured person may have a remedy sounding in tort, if the injuries are shown
to have resulted from an occurrence or condition which was not a foreseeable consequence of participation in the particular
sport in question. In other words, the doctrine of assumption of the risk does not serve as a bar to the imposition of liability
where the injury causing risk was "unassumed, concealed, or unreasonably increased" (Benitez v New York City Bd. of Educ.,
supra, at 658; see also, Henig v Hofstra Univ., 160 A.D.2d 761). In the present case, the plaintiff, Michael Hoffman, who was serving as the catcher for an amateur baseball team, was injured
when a member of the opposing team slid into home plate in an attempt to score from second base The plaintiff Michael Hoffman
testified that he caught the ball thrown to him from first base, that he turned to intercept the runner, and that as he did
so, he caught his foot in a hole located between 6 and 12 inches from home plate. The plaintiff Michael Hoffman claims that
he was consequently unable to position himself so as to avoid the full impact of the oncoming runner.

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