Schools

Baseball Injury Lawsuit Against Hewlett-Woodmere Dismissed

Supreme Court judges rule that injured teen accepted the risks by practicing.

The Supreme Court of New York Appellate Division has dismissed a lawsuit against the Hewlett-Woodmere School District from a parent whose son was hit in the face with a baseball during practice.

Eugene O’Connor had alleged that his 15-year-old son was struck in the face during practice at a school owned by the district because the ball took an “unpredictable hop as a result of a difference in elevation at the point where the infield grass and infield dirt met in front of second base,” according to the Feb. 27 ruling. He sought to recover damages for personal injuries.

But the judges said that anyone who participates in a sporting event consents to the risks of that activity.

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“It is not necessary to the application of the doctrine for the injured person to have foreseen the exact manner in which the injury occurred,” the judges wrote.

The district also submitted proof that the teen “was an experienced baseball player who had practiced and played baseball on the subject field numerous times prior to the date of the accident, and that he was aware of the ‘lip condition.’”

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The judges went on to write, “The plaintiff did not raise a triable issue of fact as to whether the defendant unreasonably increased the risk of injury above and beyond the usual dangers inherent in the sport at the time of the accident.”

The full ruling is attached to this story.


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