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BUKOWSKI v. CLARKSON UNIV.

No. 107.

19 N.Y.3d 353 (2012)

971 N.E.2d 849

948 N.Y.S.2d 568

2012 NY Slip Op 4274

SHAWN BUKOWSKI, Appellant, v. CLARKSON UNIVERSITY et al., Respondents.

Court of Appeals of New York.

Decided June 5, 2012.

Attorney(s) appearing for the Case

Murphy, Burns , Barber & Murphy, LLP, Albany ( Peter G. Barber and Catherine A. Barber of counsel), for appellant.

Law Offices of Theresa J. Puleo, Albany ( Norah M. Murphy of counsel), for respondents.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Almost every day, we are reminded of the injury risks attendant to participation in organized sports. The question presented in this personal injury action is whether a college baseball pitcher assumed the risk of injury associated with his participation in indoor practice. We conclude that plaintiff Bukowski assumed the inherent risk of being hit by a line drive...

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