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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department – Assumption of Risk: Litz v. Clinton Central School District, et al.

Fourth Department – Assumption of Risk: Litz v. Clinton Central School District, et al.

Appellate Division, Fourth Department – Assumption of Risk – Sports – Locker Room Injury – Purpose of Doctrine

 

Litz v. Clinton Central School District, et al.

CA 14-01215

Appealed from Supreme Court, Oneida County

 

Background: The plaintiff commenced an action seeking damages for injuries sustained in a locker room following hockey practice. The plaintiff alleged that he was walking barefoot toward the shower area when one of the defendants, a teammate, stepped backwards on the plaintiff’s right foot. The teammate was still wearing his hockey skates. The plaintiffs appealed from summary judgment in favor of the defendants.

 

Ruling: The Appellate Division affirmed. The court held that the plaintiff assumed the risk inherent in a sporting activity. The Appellate Division held that the doctrine applied even though the plaintiff was no longer playing hockey at the time of the incident. The incident occurred in a designated athletic or recreational venue. It would be inconsistent with the purpose of the doctrine to isolate the moment of injury and ignore the context of the accident.

 

David R. Diodati for the plaintiff-appellant; Jenna W. Klucsik of Sugarman Law Firm and Amanda Geary of Santacrose & Frary for the defendatns-respondents