Legac v. South Glens Falls Central School District

I respectfully dissent. The majority *1586has correctly stated the principles underlying the assumption of risk doctrine and I fully recognize that a voluntary participant in a sporting activity assumes the inherent risks of that sport. That said, I agree with Supreme Court that a question of fact has been raiséd as to whether the risks of participating in the baseball tryouts were unduly enhanced by the conditions and methods employed by the coach. The mere fact that the tryouts were conducted indoors does not sustain plaintiffs’ claim. Nor is this simply a matter of utilizing the wrong…