In Reyes v. City of New York , James Reyes -- a former minor league baseball player -- was injured while coaching his team.
The baseball field was equipped with two dugouts, one on the first-base line and another on the third-base line. Unlike the first-base dugout, the third-base dugout wasn't equipped with a "fence in front of the side of the bench facing home plate." Consequently, Reyes was struck and injured by a foul ball that came his way through the third-base dugout's opening.
When he later sued the City of New York for not having erected a fence, the Richmond County Supreme Court granted the City's motion to dismiss the case.
On appeal, the Appellate Division, Second Department, found that Reyes "was aware that foul balls had previously been hit into the dugout along the third base line," and thus assumed the risk -- meaning that Reyes voluntarily participated in an activity he knew could cause him injury.
Was Reyes caught with a fly down?
To download a copy of the Appellate Division's decision, please use this link: Reyes v. City of New York