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DRIEVER v. SPACKENKILL UNION FREE SCHOOL DISTRICT

20 A.D.3d 384 (2005)

798 N.Y.S.2d 145

CHANTELLE DRIEVER et al., Respondents, v. SPACKENKILL UNION FREE SCHOOL DISTRICT, Appellant.

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

July 5, 2005.

Ordered that the order is affirmed, with costs.

A school district remains under a duty to exercise ordinary reasonable care to protect student athletes involved in extracurricular sports from unreasonably increased risks (see Benitez v New York City Bd. of Educ., 73 N.Y.2d 650, 658 [1989]). While the infant plaintiff voluntarily participated in cheerleading activities and therefore assumed the risks to which her role exposed...

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