Murphy v. Polytechnic University

OPINION OF THE COURT

Herbert Kramer, J.

The defendant Barrett was the head coach on the defendant university’s softball team and had 25 years’ experience with T-drill practice. Plaintiff was injured when the defendant hit *624her in the face with the bat while he was demonstrating this batting technique to her. Defendant moves for summary judgment dismissing the complaint upon the theory that the plaintiff assumed the risk.* Plaintiff argues that this accident had nothing to do with the risks inherent in playing softball.

There are two distinct assumption of the risk doctrines. The first — implied…