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Keywords

plaintiffdefendantappealmotionsummary judgmentmotion for summary judgment
plaintiffdefendantappealmotionsummary judgmentwillregulationmotion for summary judgment

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Annitto v. Smithtown Central School District, 210 A.D.3d 615, 177 N.Y.S.3d 620, 410 Ed. Law Rep. 473, 2022 N.Y. Slip Op. 06098

Facts

The case involves a personal injury action brought by a mother on behalf of her son, a high school football player, against the Smithtown Central School District. The injury occurred during an off-season weight-training test when the player lost control of a 295-pound barbell, resulting in a crushed finger. The mother alleged that the school district was negligent in supervising the weight test. The Supreme Court initially granted summary judgment in favor of the school district, leading to the mother's appeal.

In June 2015, the infant plaintiff, then a varsity football player nearing the end of his sophomore year at the defendant Smithtown High School East, was injured while performing a squat lift in the weight room of the high school, which is within the defendant Smithtown Central School District (hereinafter the School District), during an off-season weight training test overseen by the high school's football coach.

Issue

Did the doctrine of primary assumption of risk negate the school district's duty to safeguard the football player during the weight-training test?

Did the doctrine of primary assumption of risk negate the school district's duty to safeguard the football player during the weight-training test?

Rule

Under the doctrine of primary assumption of risk, a participant in a sport consents to the inherent risks associated with that sport, which negates the defendant's duty to protect the plaintiff from those risks. However, this doctrine does not apply if the risks involved are not inherent to the sport itself, and the defendant may still have a duty to provide adequate supervision.

Analysis

In this case, the court found that the risks associated with the weight-training test, specifically the lack of adequate supervision, were not inherent to the sport of football. The player did not assume the risk of inadequate supervision when he joined the football team. The court also noted that genuine issues of material fact existed regarding whether the student assistant failed to adequately spot the player, which precluded summary judgment.

Although the doctrine of primary assumption of risk is applicable to a player who is injured while participating in a practice session, the doctrine applies only when the injury-producing risk is inherent in the sport the player is practicing. For example, in (Bukowski v. Clarkson Univ., 19 N.Y.3d 353, 948 N.Y.S.2d 568, 971 N.E.2d 849), the plaintiff, a college baseball player, was injured while pitching during an indoor practice session, when the batter hit a line drive that struck the plaintiff in the jaw. Since the plaintiff was pitching from a mound that was regulation distance from home plate, and the risk that a pitcher will be struck by a batted ball is inherent in the sport of baseball, the Court of Appeals held that the plaintiff's action was barred by the doctrine of primary assumption of risk.

Conclusion

The appellate court reversed the lower court's decision, denying the school district's motion for summary judgment and reinstating the complaint against it.

The appellate court reversed the lower court's decision, denying the school district's motion for summary judgment and reinstating the complaint against it.

Who won?

The appellate court ruled in favor of the plaintiff, reinstating the complaint against the Smithtown Central School District. The court determined that the doctrine of primary assumption of risk did not apply in this case, as the risks associated with the lack of supervision during the weight test were not inherent to the sport of football. The court emphasized that the school district had a duty to provide a safe environment and adequate supervision during the weight-training activities.

The appellate court ruled in favor of the plaintiff, reinstating the complaint against the Smithtown Central School District. The court determined that the doctrine of primary assumption of risk did not apply in this case, as the risks associated with the lack of supervision during the weight test were not inherent to the sport of football.

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