After classes ended, 15-year old Connor D. went to his school’s football field to get ready for practice.
Before any of the coaches arrived, Connor and his teammates used a blocking sled to catapult each other into the air. Of course, when it was Connor’s turn, he fractured both his wrists upon landing, and later sued the school to recover damages for his injuries.
While the Nassau County Supreme Court dismissed the case on the theory Connor had assumed the risk of injury by engaging in the activity, the Appellate Division, Second Department, had a different view of the litigation.
Since catapulting a person into the air isn’t a normally associated with football, the AD2 was of the view the assumption of risk doctrine didn’t apply. Moreover, the school failed to show that it lacked “custody and control.” (Apparently, the junior varsity head coach was responsible for supervising the youngsters at the time of the accident.)
Pass!
To view a copy of the Appellate Division’s decision, please use this link: D. v. Long Beach City School District