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- Sports and Recreation - Alleged dangerous safety pit at defendants gymnastics facility - 13-year-old plaintiff performing maneuver on gymnasium floor which is completed as participant lands into eight-foot pit containing trampoline near bottom which is surrounded by foam cubes - Plaintiff contends trampoline flexes excessively, resulting in her striking bottom of pit - Ankle fracture - Liability only.

Westchester County

This case involved a 13-year-old infant plaintiff who was a participant in the defendants after school gymnastics program. The maneuver was performed on the gymnasium and completed with a participant using an eight foot safety pit. The pit had a trampoline attached to the bottom of the walls approximately six inches off the bottom of the pit. The small areas between the side of the trampoline and the walls of the pit were filled with foam cubes. The plaintiff maintained that as she completed her maneuver and landed in the pit, the trampoline flexed excessively and that her foot forcefully impacted with the ground below.

The plaintiffs recreational and sports expert contended that the pit and trampoline were not adequately inspected or maintained and that there was insufficient padding at the bottom of the pit. The expert concluded that the pit did not meet applicable standards.

The defendants sports safety expert contended that the facility met all applicable standards and contended that injury in this sport was foreseeable and occurred in the absence of negligence.

The defendant had moved for summary judgment on the issue of assumption of the risk some months before trial. The plaintiff countered that she had not assumed the risk of alleged inadequate maintenance. The court denied the defense motion.

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