Legal Opinion
Clark v. Goshen Sunday Morning Softball League
New York Supreme Court
Decided August 13, 1985PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Gerard E. Delaney, J.
In substance, this is a sports (baseball) spectator injury matter wherein defendant player and baseball league have been sued in negligence by plaintiff who was hit by a wild throw of a softball during a pregame warm-up practice. Defendants move for summary judgment.
Akins v Glens Falls City School Dist. (53 NY2d 325) defined the duty of care of the owner of a baseball field following the enactment of CPLR 1411 and the institution of comparative negligence in New York State. However, the instant matter is one of first impression, vis-á-vis the…
2Cases cited20 opinions
- Basso v. MillerNew York Court of Appeals · 1976
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Akins v. Glens Falls City School DistrictNew York Court of Appeals · 1981
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Murphy v. Steeplechase Amusement Co.New York Court of Appeals · 1929
15 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Clark v. Goshen Sunday Morning Softball LeagueAppellate Division of the Supreme Court of the State of New York · 1986
- Starke v. Town of SmithtownAppellate Division of the Supreme Court of the State of New York · 1989
- Sutfin v. ScheuerAppellate Division of the Supreme Court of the State of New York · 1988
- Dillon v. Neira, New York County Courts1985