Summary
barring claim by soccer player who injured herself on wet soccer field because she had "played on the very same field on many prior occasions"
Summary of this case from Homen v. U.S.Opinion
June 5, 1995
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is reversed, on the law, with one bill of costs, the motions are granted, and the complaint is dismissed.
The plaintiff Susan Reilly slipped in a mud puddle and injured herself while playing soccer in a league soccer game. She thereafter commenced this action against the defendants alleging, inter alia, that the defendants permitted the game to be played when the playing field was unsafe. According to the plaintiffs, it was raining prior to and during the game and the field was covered with mud puddles. Although the plaintiff Susan Reilly was aware of these conditions, she chose to play anyway and injured herself during the game. Notably, the injured plaintiff had played in rainy conditions in the past and had played on the soccer field where the accident occurred on some 30 separate occasions. She had also participated in league soccer games for some seven years and had competed in junior high school soccer programs.
The record demonstrates that the alleged injury-producing condition was not concealed and that the injured plaintiff was fully aware of its existence prior to her voluntary participation in the game (see, Schiffman v. Spring, 202 A.D.2d 1007; Morales v New York City Hous. Auth., 187 A.D.2d 295; see also, Benitez v New York City Bd. of Educ., 73 N.Y.2d 650; Turcotte v. Fell, 68 N.Y.2d 432; Ferraro v. Town of Huntington, 202 A.D.2d 468; Greenberg v. North Shore. Cent. School Dist. No. 1, 209 A.D.2d 669; Bryne v. Westchester County, 178 A.D.2d 575). Moreover, the plaintiff was an experienced soccer player who had competed in inclement weather and played on the very same field on many prior occasions (cf., Weithofer v. Unique Racquetball Health Clubs, 211 A.D.2d 783). Since the plaintiff voluntarily assumed the foreseeable risk that she might slip on the playing field while participating in the game, the doctrine of assumption of the risk warrants the granting of judgment to the defendants (see, Greenberg v. North Shore Cent. School Dist. No. 1, supra; Cassese v. Ramapo Ice Rinks, 208 A.D.2d 488; Gonzalez v. City of New York, 203 A.D.2d 421; Morales v. New York City Hous. Auth., supra; Russini v. Incorporated Vil. of Mineola, 184 A.D.2d 561; Hoffman v City of New York, 172 A.D.2d 716). Sullivan, J.P., Rosenblatt, O'Brien and Thompson, JJ., concur.