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GATLING v. BRONX LEBANON HOSPITAL CENTER

265 A.D.2d 225 (1999)

696 N.Y.S.2d 457

REGINALD GATLING, Appellant, v. BRONX LEBANON HOSPITAL CENTER et al., Respondents, et al., Defendants.

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

Decided October 21, 1999.

"[B]y engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation" (Morgan v State of New York, 90 N.Y.2d 471, 484), and accordingly, in this case, plaintiff, having voluntarily chosen to throw a shotput on a grassy surface, assumed the ordinary risks of that activity, one of which...

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