Court of Appeals — Assumption of Risk: Bukowski v. Clarkson University, et al.

New York State Court of Appeals

Assumption of Risk

Sports — Practice

Bukowski v. Clarkson University, et al.
No. 107
Judge Lippman

Background: The plaintiff, a baseball pitcher, brought an action against his school after he was injured during practice. On appeal the plaintiff contended that he did not assume the risks inherent in the sporting activity because it occurred during an indoor practice session. Specifically, he was to practice throwing without a screen as was typically the case with indoor practice sessions.

Ruling: The Court of Appeals held that the plaintiff had assumed the risk of being hit by a line drive ball. The plaintiff was an experienced and knowledgeable baseball player and he knew that pitchers can get hurt at times.

Peter G. Barber for the appellant; Norah M. Murphy for the respondents