Court refuses to dismiss lawsuit by injured student wrestler

On Board Online • May 13, 2013

By Adam C. Hover
Associate Counsel

A student wrestler was injured during a match when his right arm struck a hardwood floor that was exposed after two wrestling mats, which had been taped together, separated and his opponent tripped on them.  In his lawsuit against the district, the injured student argued, in part, that the mats had been improperly taped and secured. 

The district in Philippou v. Baldwin UFSD sought a ruling in its favor dismissing the complaint based on the doctrine of “primary assumption of risk” pursuant to which voluntary participants in a sporting activity generally are deemed to assume the risks inherent in such participation. A lower court had denied the district’s request.  On appeal, the Appellate Division of state Supreme Court,  Second Department, upheld the lower court’s determination.  According to the Second Department, the district failed to demonstrate that the plaintiff assumed the risk of being injured in the manner he was and further failed to establish that the improperly taped mats did not unreasonably increase the risk of injury.