WERTHEIM v. UNITED STATES TENNIS ASS'N, INC.


150 A.D.2d 157 (1989)

Marion F. Wertheim, as Executrix of Richard M. Wertheim, Deceased, et al., Respondents, v. United States Tennis Association, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 2, 1989


In this wrongful death action, the decedent, Richard Wertheim, was struck in the groin by a tennis ball that had just been served by a top-ranked player in the United States Tennis Open in Flushing, New York, in 1983. At the time, Mr. Wertheim was acting as an umpire whose responsibility it was to call whether a serve was within the boundary set by the center line. He was 61 years of age and had a 20-year history of arteriosclerotic cardiovascular disease.

The fatal...

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