Ferone v. Sachem C.S.D.

The plaintiff was injured during a softball game when, while chasing a long, foul, fly ball, he ran into a soccer goal post located on the field. In their respective motions for summary judgment the defendants contended that the plaintiff assumed the risk of injury. The Supreme Court denied the motions and we now reverse.

It is well settled that one who voluntarily participates in a sporting activity "is deemed to have consented to accept the risk of injuries that are 'known, apparent or reasonably foreseeable consequences of the participation’ ” (Mauner v Fienstein, 213 AD2d 383, quoting…