During a roller hockey game, Robert Kormoski knocked down another player, Michael Filippazzo, and repeatedly punched him. When a lawsuit was later filed, Kormoski claimed he wasn't liable for the injuries because, as a voluntary participant of the sport, Filippazzo had assumed the risk of harm.
When the Suffolk County Supreme Court refused to dismiss the case, Kormoski appealed.
Because Kormoski's behavior might have been reckless, and unreasonably increased the likelihood that Filippazzo would be injured, the Appellate Division, Second Department, concurred with the outcome--particularly since the testimony established that Kormoski's conduct violated the roller hockey league's rules and his behavior lacked "any competitive purpose."
Kormoski must have Filipped ....
To view a copy of the Appellate Division's decision, please use this link: Filippazzo v. Kormoski