Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A manufacturer of stickball bats has struck out in its attempt to win summary judgment on a claim filed against it by a player who lost an eye after he was struck by a bat that slipped out of another player’s hands.

Supreme Court Justice Ute Wolff Lally of Nassau County, N.Y., in Burns v. Sportsmania, 10232/2005, found that the testimony of the plaintiff’s expert witness trumped the “well established” doctrine under which participants in sporting events are usually held to have assumed the risk of the activity. She dismissed the motion of defendant Skybounce Ball Co. of Floral Park, N.Y., and ordered it to participate in discovery.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.