AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

NICHOLAS TOTINO, an Infant, by His Mother and Natural Guardian, LINDA TOTINO, et al., Respondents, v. NASSAU COUNTY COUNCIL OF BOY SCOUTS OF AMERICA et al., Appellants.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The infant plaintiff was injured during a softball game when the defendant Frank Pierce, an adult, slid into base and collided with the infant plaintiff. The defendants moved for summary judgment, arguing that the infant plaintiff assumed the risk of injury. The Supreme Court denied the motion and we now reverse.

It is well established that: "`[p]ursuant to the doctrine of assumption of risk, an injured party may not seek compensation for injuries incurred as the consequence of some risk or danger usually associated with a pursuit voluntarily undertaken. Thus, when it is shown indisputably that a particular injury was caused by a condition or practice which is common to a particular sport (see, e.g., Turcotte v. Fell, 68 N.Y.2d 432), summary judgment is warranted' (Cuesta v. Immaculate Conception R.C. Church, 168 A.D.2d 411)" (Checchi v. Socorro, 169 A.D.2d 807, 808).

Sliding into base is an integral part of the game of softball. The infant plaintiff here admitted that he was aware that sliding into base was part of the sport and, indeed, he admitted that participants of other games had hit him while sliding into a base he was covering. Under these circumstances, he must be deemed to have assumed the risk of injury (see, Brown v. City of Peekskill, 212 A.D.2d 658; Cardoza v. Village of Freeport, 205 A.D.2d 571; Gonzalez v. City of New York, 203 A.D.2d 421; cf., Mauner v. Feinstein, 213 A.D.2d 383). Rosenblatt, J.P., Miller, Lawrence and Florio, JJ., concur.

Use AI to get other relevant cases.

Comments

TOTINO v. NASSAU COUNTY COUNCIL OF BOY SCOUTS
(Mar 29, 1995)