KARR v. BRANT LAKE CAMP, INC.


261 A.D.2d 342 (1999)

691 N.Y.S.2d 427

GAIL B. KARR, Respondent, v. BRANT LAKE CAMP, INC., Appellant.

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

Decided May 27, 1999.


The infant plaintiff was injured during a baseball game, organized for 11 year old boys, when an adult counselor, playing in the position of catcher, threw the ball "hard" at plaintiff. Plaintiff was unable to handle the ball, which struck him in the face. Summary judgment on the basis of an assumption of risk was properly denied.

Voluntary participants in a sporting activity assume the risks to which their roles expose them but not risks that are "`unreasonably increased...

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