Summary
In Karr, this Court held that the defendant camp had unreasonably increased risks where adult camp counselors were playing baseball with 11-year-old boys, and a ball thrown hard by an adult injured a camper.
Summary of this case from Fintzi v. New Jersey Ymha-Ywha CampsOpinion
May 27, 1999
Appeal from the Supreme Court, New York County (Paula Omansky, J.).
The infant plaintiff was injured during a baseball game, organized for 11 year old boys, when an adult counselor, playing in the position of catcher, threw the ball "hard" at plaintiff. Plaintiff was unable to handle the ball, which struck him in the face. Summary judgment on the basis of an assumption of risk was properly denied.
Voluntary participants in a sporting activity assume the risks to which their roles expose them but not risks that are "`unreasonably increased'" (Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650, 658). Thus, notwithstanding a player's assumption of the risks inherent in playing any sport, school districts, athletic councils and other organizers of children's sporting activities remain under a duty to "exercise ordinary reasonable care" to protect the infant participants "from * * * unreasonably increased risks" (supra, at 658). In the case at bar, an issue of fact, is raised as to whether the active participation of an adult, physically larger and more skillful, enhanced the risks associated with the sport as played by 11 year old boys (see, Mauner v. Feinstein, 213 A.D.2d 383).
Concur — Rosenberger, J. P., Mazzarelli, Rubin, Saxe and Buckley, JJ.