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Maynard, O'Connor, Smith & Catalinotto, LLP

September 2, 2013

Firm Dismisses Unsafe Gymnasium Case Against School

Category: Uncategorized — admin @ 8:00 am

Maynard, O’Connor, Smith & Catalinotto recently succeeded in dismissing a case against the Roxbury Central School District for allegations of an unsafe gymnasium.  Plaintiff, a student of a neighboring school, was injured during an interscholastic basketball game when he overran the end line and struck a metal door frame during game play.  Plaintiff claimed the school was obligated to pad the door frames and failing to do so was a violation of industry standards and presented an unreasonably dangerous condition to athletes.  Notwithstanding, Justice Carl F. Becker of the Delaware County Supreme Court agreed with our position in his written decision that the gymnasium was built in compliance with the pertinent codes and standards, that plaintiff assumed the risk of striking the door while participating in a competitive basketball game and that the nature of the door frame was open and obvious.  Furthermore, Justice Becker agreed with our argument that plaintiff’s expert was not qualified to render an opinion on the risk of injury involved in this case.  Consequently, our Motion for Summary Judgment was granted in its entirety dismissing all of plaintiff’s claims against the Roxbury Central School District.

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