New York's Top Court Rejects Suit Over Baseball Injury

June 6, 2012

New York State's highest court on Tuesday ruled that Shawn Bukowski did not have the right to sue Clarkson University over injuries he suffered during a baseball practice. Bukowski was a pitcher who -- in his first "live" practice -- had a ball hit right back at him, striking his jaw and breaking a tooth. His suit argued that he was not fully introduced to the circumstances and dangers he would face in practice. But the court found otherwise. "[P]laintiff was an experienced and knowledgeable baseball player who assumed the inherent risk of being hit by a line drive," the court ruled.

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