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ARTICLE ID 169498
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 defendants 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 pitchers 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 defendants
version.
The jury found that the plaintiff assumed the risk and a defense
verdict was entered.
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