Claim of the Estate of Gross v. Three Rivers Inn, Inc.

OPINION OF THE COURT

Crew III, J. P.

On May 1, 1989, John P. Gross (hereinafter decedent), a professional boxer, sustained serious head injuries during a boxing match held at Three Rivers Inn, Inc. in the Village of Phoenix, Oswego County, and, shortly thereafter, lapsed into a coma. Over the course of the next few months, decedent’s condition continued to deteriorate and, ultimately, he died on January 28,1990. In the interim, a claim for workers’ compensation disability benefits was filed on decedent’s behalf and, following decedent’s death, his father filed a claim for death benefits. The…