Injured Cheerleader's Case Against Coach and School Dismissed Due to "Assumption of the Risk"

Court: Supreme Court, Appellate Division, Second Department, New York

Case: Kristina D. v. Nesaquake Middle School

Date: Aug. 15, 2012

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens accident attorney)

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Facts: This case presents a common scenario in personal injury accident cases -- someone hurt during participation an athletic activity. And this case, like many others, involves a high school student; in this instance a cheerleader. She was hurt performing a shoulder stand.

She sues the school and her coach, claiming her accident occurred because of improper supervision.

And while these type of injury claims are routinely dismissed by New York's appellate courts based on the well-established rule of "assumption of the risk," the lower court judge here didn't seem to get it.

HELD: On appeal the Court grant summary judgment to the defendants, throwing our this accident case. The appeals court notes that this cheerleader knew the risks and that she made no showing that she was somehow not properly supervised. The accident victim loses hits motion and this is over.

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