Playing basketball can be dangerous. Especially if you bang into a wall after hitting a layup The case of Caro v. Zogsports, LLC in the Appellate Division presents the following facts: Plaintiff was injured playing basketball when he crashed into an unpadded wall. The lower Court judge dismissed the case. The Appellate Division upheld the dismissal stating the Plaintiff assumed the risk or agreed to such assume the risk when he played ball. The interesting fact about this case was the Plaintiff hired an expert who said the wall was too close to the basketball court. The Court rejected the expert’s opinion did not personally go to the location.
What is the take-away? I think the Court just did not like this case. The Court really made a gut decision. The Court could have at least allowed the matter to go to a jury trial and let a jury decide. The Court did not like the facts and looked for any reason to uphold the dismissal. But maybe, had the expert gone and given more facts the outcome would have been different.
If you have any questions, or have been injured in an accident feel free to call the LAW OFFICE OF DAVID ASCHER (212)964-1515