Castello v. County of Nassau
New York Supreme Court, Appellate Division
636 N.Y.S.2d 817 (1996)
Relevant factsFree
Experienced player Castello (plaintiff) noticed during a softball game that the earth beneath home plate's corner had eroded, causing the corner to protrude; during a later at-bat in the same game, he slid head-first into home and jammed his shoulder against that same protruding corner, injuring himself. He sued the municipality (defendant) for negligence; the trial court dismissed the complaint, and Castello appealed.
IssueFree
Whether an experienced athlete who personally observed a specific hazard during a game assumes the risk of injury from that same hazard later in the same game.