John Demelio sued Playmakers, Inc., for injuries sustained while at the Brooklyn Indoor Sports Center.
John was practicing his swing at an indoor batting cage when a ball ricocheted off a metal pole and hit his eye. He later claimed Playmakers enhanced the risk of injury by failing to pad the metal pole.
After the Kings County Supreme Court refused to dismiss the case, Playmakers appealed to the Appellate Division, Second Department.
Since Playmakers failed to show that ricocheting baseballs were an "inherent risk" of the sport, the AD2 thought that the denial of Playmaker's dismissal request was appropriate under the circumstances.
That's no way to play ball.
To view a copy of the Appellate Division's decision, please use this link: Demelio v. Playmakers, Inc.