Thomas A. Montiglio was successful in obtaining a defense verdict in the case of A.P., infant v. Baldwin UFSD, Supreme Court Nassau County, 2015 – Defense Verdict – Plaintiff was an 8th grader on the Lawrence Junior High wrestling team. On the day of the accident he was at Baldwin Middle School for an away meet. It was the allegation that the mat on which the infant plaintiff was wrestling on was old and therefore would not lay flat on the gym floor causing the edges to curl up and had to be held down by volleyball poles. It was the allegation of the Plaintiff that while he was being taken down by his opponent the sections of the mat separated causing his arm to come into contact with the gym floor. The jury returned a defense verdict holding that the boy assumed the risk of injury by participating in the sport of wrestling and that neither the Baldwin SD nor Lawrence SD unreasonably increased the inherent risk in the sport of wrestling.
