A pitcher hit in the face by a line drive during batting practice assumed the risk of injury and cannot sue his school, a split Third Department panel has ruled. The court rejected Shawn Bukowski's contention that the conditions were especially hazardous during the indoor practice at Clarkson University in Potsdam because there was no "L-screen" to protect him and the lighting was questionable.
July 18, 2011 at 12:00 AM
1 minute read
The original version of this story was published on New York Law Journal
ALBANY – A college baseball pitcher hit in the face by a line drive during batting practice assumed the risk of injury and cannot sue his school, a split appeals court has ruled.
A 3-2 panel of the Appellate Division, Third Department, decided it was “irrelevant” that a protection screen was not used to shield pitcher Shawn Bukowski from danger “given the fully comprehended and perfectly obvious nature of the inherent risk” of pitching in a competitive intercollegiate game or practice.
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