TARIGO v. CLUB MED HUALTULCO


207 A.D.2d 709 (1994)

616 N.Y.S.2d 503

Bruce Tarigo, Appellant, v. Club Med Hualtulco et al., Respondents

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

September 20, 1994


Plaintiff was injured during a "flag" football game at defendants resort when, trying to catch the ball, he fell over one of several flags that marked the boundaries of the playing field and broke his hand. Plaintiff testified that before he began to play he saw that the flags were attached to sticks, and that during the game he saw another player avoid the flags by jumping over them.

We agree with the IAS Court that plaintiff's assumption of the risk of injury associated...

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