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Keywords

plaintiffdefendantnegligenceliabilityappealmotionsummary judgmentsustainedduty of caremotion to dismissmotion for summary judgment
plaintiffdefendantnegligenceappealmotionsummary judgmentduty of care

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Gahan v. Mineola Union Free School Dist., 241 A.D.2d 439, 660 N.Y.S.2d 144, 119 Ed. Law Rep. 1115

Facts

Nicole Gahan, a high school softball player, sustained injuries after stepping into a hole while batting during a game. She had played organized softball for six years and was aware of the hole's existence before her turn at bat. After the injury, coaches moved her before medical personnel arrived, which she claimed aggravated her injuries. The case involved appeals from two school districts regarding their liability for her injuries.

The injured plaintiff, Nicole Gahan, a member of the West Hempstead High School softball team, allegedly stepped in a hole by home plate while batting in a softball game, causing injury to her right leg.

Issue

Did the injured plaintiff assume the risk of her injuries, and were the school districts liable for the negligence of the coaches in moving her after the injury?

Did the injured plaintiff assume the risk of her injuries, and were the school districts liable for the negligence of the coaches in moving her after the injury?

Rule

In New York, the doctrine of assumption of risk is not an absolute defense; it is necessary to consider the risks assumed by the injured plaintiff when assessing the defendants' duty of care. Participants in sports activities consent to known and foreseeable risks but do not consent to reckless or intentional acts. The assessment of assumed risks must consider the participant's skill and experience.

Although doctrine of assumption of the risk is not an absolute defense in New York, it is necessary and proper to consider risks assumed by injured plaintiff when assessing defendants' duty of care. McKinney's CPLR 1411.

Analysis

The court found that Gahan, as an experienced player, knowingly assumed the risk of stepping into the hole. However, the court also recognized that the actions of the coaches in moving her after the injury could have created additional risks that were not assumed. This created a factual issue that precluded summary judgment for the school districts regarding the negligence claim.

Conclusion

The court reversed the summary judgment for Island Park Union Free School District, granting their motion to dismiss the complaint, while allowing the claim against West Hempstead Public Schools to proceed regarding the coaches' actions.

ORDERED that the order is reversed insofar as appealed from by Island Park Union Free School District and the motion by Island Park Union Free School District for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

Who won?

The Island Park Union Free School District prevailed in the appeal, as the court granted their motion for summary judgment, concluding that they could not be held liable for Gahan's injuries since she had passed from their custody and control to another school district when she entered ninth grade. The court found no special obligation on the part of Island Park regarding her participation in extracurricular activities.

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