The New York Appellate Division has reaffirmed that an injured participant in a sporting contest has an uphill battle to survive summary judgment when they bring personal injury actions.

In Gibbons v. Pine Bush Cent. Sch. Dist., the plaintiff was injured while playing badminton in his high school gym class. An opposing player hit an errant shot and the shuttlecock hit plaintiff in the eye.  Plaintiff claimed that the school did not provide proper supervision and should have supplied protective eye wear to the students.

But the appellate court agreed that dismissal on summary judgment was proper because the plaintiff was not able to show that supervision would have prevented the other student’s errant shot.   In addition, the school was not required to provide protective eye wear because there was not a generally accepted standard or practice in high schools to do so.

Thanks to Mendel Simon for his contribution to this post.  If you would like further information, please write to