A lawsuit can proceed against a Little League coach who conducted practices in his backyard, where a 10-year-old boy was hit in the head by a baseball thrown by one of his teammates during a drill in the rain, a Long Island judge has ruled.
Despite the fact that voluntary participants in sporting activities generally assume the risk of injury, Supreme Court Justice Thomas P. Phelan (See Profile) in Nassau County denied a summary judgment motion filed by coach John F. Nassour and his wife in Perez v. Nassour, 13758/09.
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