Defense attorneys practicing in the area of recreational torts were more than pleased with the Court of Appeals’ decision in Bukowski v. Clarkson University, (No. 107, June 5, 2012). The court reaffirmed the applicability of the assumption of risk doctrine in sports injury cases, and found that a college pitcher knowingly assumed the risk of injury when he pitched during practice without a protective L-screen.
‘Bukowski’
It may be recalled that in Bukowski, the 18-year-old plaintiff was asked by his coach to pitch from the mound during indoor practice without the use of a protective L-screen. An L-screen protects most of a pitcher’s body from batted balls, but leaves his pitching arm unprotected so that he can throw the ball. A batted ball struck Bukowski in the face, and he sued Clarkson University to recover for the injuries he sustained. The court held that he had assumed the risks inherent in the activity, and particularly noted his experience as a pitcher, and the obvious risks of pitching without a screen.
