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ANTONIO SANPERI, APPELLANT, v. MIKE JUNSCH, ET AL., RESPONDENTS.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The plaintiff, a martial arts student who had earned a green belt with three purple tips, commenced this personal injury action against the defendants after he was kicked in the groin and injured during a sparring contest. The plaintiff was not wearing a protective cup or any other protective equipment.

The trial court properly concluded that the verdict should be set aside. "The doctrine of assumption of the risk applies where the plaintiff is injured while voluntarily participating in a sport or recreational activity, and the injury-causing event is a known, apparent, or reasonably-foreseeable consequence of the participation" (Sauray v. City of New York, 261 A.D.2d 601, 603; Turcotte v. Fell, 68 N.Y.2d 432, 439). By engaging in a sport or recreational activity, a participant consents to those commonly-appreciated risks which are inherent in the nature of the sport and flow from such participation (see, Morgan v. State of New York, 90 N.Y.2d 471, 484; Sauray v. City of New York, supra). Here, the plaintiff assumed the risk of injury as a result of a poorly-aimed kick if he failed to wear protective equipment.

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SANPERI v. JUNSCH
(Jul 17, 2000)