Nicholas Cuccarese v. George F. Soloman, as Natural Guardian of James Soloman, an Infant, George F. Soloman, Individually and as Guardian Ad Litem

HAYS, Circuit Judge:

George F. Soloman, as natural guardian of James Soloman, an infant, appeals from a judgment of the United States District Court for the Southern District of New York, John F. Dooling, Jr., Judge, 1 in favor of plaintiff Nicholas Cuccarese after a jury trial in an action for damages for personal injuries. The injuries were sustained when, in the course of a practice swing, James hit Cuccarese in the face with a golf club at a summer camp in Ithaca, New York, where Cuccarese was a counselor and James was an eleven-year-old camper.

The first trial of this action resulted in a…