In Murphy v. Polytechnic Univ. , Patricia Murphy, a member of Polytechnic University's women's softball team, was allegedly hit in the head with a bat swung by her coach (James Brook) during team practice.
When she later filed a personal-injury case against the school and her coach, Polytech asked for the case's dismissal.
After the Kings County Supreme Court declined that request, Polytech appealed to the Appellate Division, Second Department.
While a person who voluntary participates in a sport assumes the risks inherent in that activity, this situation was seen as unique. Questions existed as to whether Polytech "unreasonably increased" the usual risks associated with softball and whether Murphy was injured as a result of "reckless conduct."
That sure wasn't a homerun for Polytech.
For a copy of the Appellate Division's decision, please use this link: Murphy v. Polytechnic Univ.