Ross v. Clouser

RENDLEN, Judge.

This is a damage suit for personal injuries sustained when plaintiff was knocked down during play in a softball game.1 The trial court set aside the plaintiff’s verdict, finding that plaintiff had assumed the risk of the collision and his only action lay for an intentional tort. The Court of Appeals, Eastern District, affirming, noted the Southern District’s decision in Niemczyk v. Burleson, 538 S.W.2d 737 (Mo.App.1976), which held that a player injured in an athletic contest may recover for a fellow participant’s negligence, but nonetheless concluded that recovery in athletic…