The Yankees don’t win everything. Security Guard 1 – Yanks 0.

In Correa v. City of NY, NY Yankees, and ESPN, the plaintiff was a security guard assigned to sit in the stands directly behind home plate. While that area was protected by a net, ESPN had created a hole or window in the net for its camera. A ball came through that hole, striking and fracturing the plaintiff’s hand.

The Yanks moved for summary judgment but their motion was denied. The court ruled that while the risk of being hit by a ball is assumed by spectators at ball games, the plaintiff here did not assume the risk that the Yankees would fail to comply with the requisite standard of care, to wit, an adequate net in the area behind home plate. The court ruled that the Yankees had not shown in their motion that they had provided adequate protection to spectators and employees seated in the stands behind home plate.

Posted by Georgia Stagias.

http://www.courts.state.ny.us/reporter/3dseries/2009/2009_07512.htm