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School liability - Plaintiff middle school student contends softball coach fails to provide net despite alleged instructions to pitch from area halfway between pitcher's mound and home plate - Plaintiff struck in area of eye by batted ball - Liability only.

Rockland County, NY

The plaintiff student, at the defendant’s private school, contended that the JV softball coach advised her to pitch from an area halfway between the mound and home plate. The plaintiff maintained that because of associated hazards, the defendant should have provided a net. The defendant denied that the plaintiff was pitching from the location claimed and contended that she was on the pitcher’s mound.

The defendant maintained that being struck by a batted ball is a normal risk and that practice sessions should be conducted under simulated game conditions. The defendant contended that the plaintiff had assumed the risk and that such a defense in this sporting event situation constituted a complete bar to recovery.

The plaintiff presented two teammates who supported her version. The defendant presented a spectator who supported the defendant’s version.

The jury found that the plaintiff assumed the risk and a defense verdict was entered.

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