In Smith v J.H. W. Elementary School , Barbara Smith sued to recover damages for personal injuries sustained by her 10-year-old child at J.H. West Elementary School.
The youngster was participating in a relay race during a school "field day" event. While the activity originally required the participants to run forward, two teachers decided to change the rules and make it a "backward" running race. The child testified he was "told" to participate, assumed he was required to play along, and fell while running in reverse.
When the Nassau County Supreme Court dismissed the case based on "primary assumption of risk," Smith appealed to the Appellate Division, Second Department.
The doctrine of "primary assumption of risk" provides that a person involved in a sporting event assumes the inherent risks. However, in this instance there was a question as to whether a person with authority over the child forced him to participate. In other words, there was an issue as to whether "voluntariness [was] overcome by the compulsion of a superior."
Ironically, Smith's case moves forward.
To download a copy of the Appellate Division's decision, please use this link: Smith v J.H. W. Elementary School