Gillen v. Nassau Semi-Fast Softball League
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff was injured while playing catcher in a softball league game when he collided with a base runner from the opposing team near home plate. The defendant Nassau Semi-Fast Softball League (hereinafter the League) established its entitlement to judgment as a matter of law by demonstrating that the risk of such collision with another player is inherent in the sport of softball (see Morgan v State of New York, 90 NY2d 471 [1997]; Rich v West Shore Little League Baseball, 209 AD2d 396 [1994]). Therefore, the plaintiff assumed that risk by participating in the softball game, and the…
2Cases cited2 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Rich v. West Shore Little League Baseball, Inc.Appellate Division of the Supreme Court of the State of New York · 1994