No Slam Dunk

A plaintiff injured during a summer basketball camp slam dunk competition  failed to defeat an assumption of risk defense in her action against Hofstra University according to this opinion of the New York Appellate Division for the First Judicial Department

The plaintiff was attending a basketball camp at the defendant Hofstra University when she allegedly was injured while dunking a basketball during a slam dunk competition. Thereafter, the plaintiff commenced this action against Hofstra University and Hofstra Summer Camps (hereinafter together the Hofstra defendants), and another, alleging, among other things, negligent supervision. The Hofstra defendants moved for summary judgment dismissing the complaint insofar as asserted against them on the ground that the doctrine of primary assumption of risk barred any recovery in this case against them. The Supreme Court denied the motion, and the Hofstra defendants appeal…

The Hofstra defendants demonstrated their prima facie entitlement to judgment as a matter of law by establishing that the plaintiff assumed the risk of injury by voluntarily participating in the slam dunk competition (see Bukowski v Clarkson Univ., 19 NY3d 353). In opposition, the plaintiff submitted the affidavit of a sports expert, which failed to raise a triable issue of fact as to whether the plaintiff assumed the risk of her injuries (see Musante v Oceanside Union Free School Dist., 63 AD3d 806; see also Legac v South Glens Falls Cent. Sch. Dist., 150 AD3d 1582).

(Mike Frisch)