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Alleged negligent supervision during varsity field hockey practice - Absence of mouth guard - Liability only.

Westchester County

The 16-year-old female plaintiff, who was a junior in high school and member of the Varsity field hockey team, contended that the coach failed to provide advisements to use a mouth guard.

The plaintiff’s recreational safety expert contended that the coach should have provided such reminders and/or give warnings as to the dangers of failing to use such a device. The coach testified that she had, in fact, provided such advisements. The defendant also argued that the jury should consider that the plaintiff was an experienced player, having been on the freshman and Jr. Varsity, had previously worn a mouth guard and that she was comparatively negligent and had assumed the risk.

The jury found that the defendant was not negligent.

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