Tag Archives: assumption of risk

G&S Obtains Dismissal of Skating Rink Case Based on Assumption of the Risk – Man Spinning Woman on Ice Against her Will was not Reckless Conduct so as to Fall Outside Assumption of Risk Doctrine

Plaintiff and her friend were ice skating when she observed a man skating in a dangerous manner skating the wrong direction and pushing other people on the rink. They continued to skate when this individual stopped the conduct.  When after a half hour on the ice they saw this individual swinging a woman around him on the ice against her will they decided to leave the ice.  As plaintiff was skating by the couple their hands released sending the male “flying” into her knocking her down and causing her to break her wrist.

We argued that that being knocked to the ice by another skater is a risk that ice skaters assume when they agree to participate in the sport of ice skating. Plaintiff was an experienced skater and continued to skate despite being aware the individual who knocked her down had skated inappropriately in a manner she considered dangerous.  We argued that the exception to this doctrine, where the person is injured when struck by someone skating “recklessly” did not apply, because the conduct describe was not reckless and occurred too suddenly for the rink to have been able to prevent.  We reviewed for the court historic examples of reckless conduct and argued that a man and woman holding hands and skating in circles did not approach the standard for recklessness.  We also argued that  the accident occurred so suddenly and precipitously that it could not have been prevented or anticipated by the rink.  Continue reading

Gordon & Silber Obtains Dismissal On Behalf Of The New York Yankees And Major League Baseball In Case Featured In The New York Times

Plaintiff, the General Counsel and Executive Vice President of a developer of Manhattan real estate, brought suit for serious personal injuries he sustained to his face after he was struck by a foul ball at a game between the New York Yankees and the Oakland Athletics in 2011. Plaintiff contended that defendants were negligent because they did not ban the umbrellas that were obstructing his view or cancel or postpone the game due to intermittent and sometimes heavy rainfall.  Continue reading

Little League Baseball Coach Sues 14 Year Old Player on his Own Team For Throwing Helmet

A California Little League baseball coach Alan Beck has sued a 14-year-old he was coaching as well as the child’s parents, alleging that after getting the game-winning hit the boy tossed off his helmet as he was running toward home plate which allegedly struck Beck’s Achilles tendon and tore it.

The complaint asks for $500,000 in pain and suffering and $100,000 in lost wages and medical bills and also named the boy’s parents who have reportedly already spent $4,000 defending the action.  The case has no merit and is frankly, suspicious.

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