Collins v. Resto

OPINION AND ORDER

OWEN, District Judge:

This personal injury action arises from injuries sustained by now-deceased boxer Billy Ray Collins, Jr., during a 1983 bout with Luis Resto promoted by defendant Top Rank at Madison Square Garden (MSG). 1 The criminal case has established that Collins’ injuries resulted from his trainer’s removing padding from Resto’s boxing gloves. 2 MSG and Top Rank now move for summary judgment. Both plaintiffs oppose Top Rank’s motion. Plaintiff Collins, Sr., does not oppose MSG’s motion.

Plaintiff’s claim against MSG relies upon the contract between Top Rank and MSG,…