Thomas A. Montiglio was successful in obtaining a defense verdict in the case of S.B. infant, v. Roosevelt UFSD, Supreme Court Nassau County 2017- Defense Verdict – At the time of the accident the plaintiff was a high school junior and a member of the Roosevelt girls’ varsity softball team. At that time there was ongoing construction and renovation at the Roosevelt High School causing the team to practice at a Uniondale elementary school. This field was just an area of grass that looked like at one time was a little league diamond as it did have a backstop. However, there was no longer an infield or base paths as it was entirely grown over with grass. Both the plaintiff and the coach described the grass field as bumpy and uneven. At the first practice at the Uniondale field the coach decided to conduct base running drills. The drill consisted of the girls running from where home plate would be, rounding the area where first base would be and then sliding feet first into an area where second base would be when the coach yelled down. The plaintiff was the first player to perform the drill and when she attempted to slide into second base her right cleat got caught in the grass causing her to fracture her ankle. It was the allegation of the plaintiff that the act of sliding in the grass unreasonably increased the plaintiff’s risk of injury as sliding feet first in the grass into a base is not a normal part of the game of softball and therefore not a risk that a player assumes in her participation in the sport. The jury returned a defense verdict finding that the Plaintiff assumed the risk of injury by her voluntary participation in the sport of softball.
