Twelve year-old Alberto Osorio was playing tag with a group of friends at a city-owned park and was injured while climbing onto a "ballet" or "stretching" bar.
When Osorio later sued the park's landscape architects (Thomas Balsley Associates), the company asked for the case's dismissal on the grounds that the kid had assumed the risk of injury by playing in an adult fitness area, and, that he had enhanced that risk by climbing onto the equipment.
After the Bronx County Supreme Court denied that request, the architects appealed.
Because it thought the kid's injuries were attributable to the equipment's "intentional misuse," the Appellate Division, First Department, reversed and ended the case.
Now that was Balsley!
To view a copy of the Appellate Division's decision, please use this link: Osorio v. Thomas Balsley Assoc.