Case Assignment Two
Elliott Maddox v. City of New York, 487 N.Y.S.2d 354 (App. Div. 1985), available on T-Square
Read the above named case and submit your answers by typing your answers below the following questions, saving the document to your hard drive, and submitting it as an attachment on T-Square. Please type your name at the top of the document. Your answers should be written in whole sentences.
This assignment is worth 30 points. You will be evaluated based on the accuracy and completeness ofÂ your answers.Â Late submissions will not be accepted. YOU MUST COMPLETE THE ASSIGNMENT WITHOUT ANY ASSISTANCE FROM CLASSMATES OR OTHER INDIVIDUALS; ...view middle of the document...
â€œIn his examination before trial, Maddox admitted that he knew centerfield and right centerfield to be wet, that he continued to play ball in spite of this awareness.â€ Furthermore, he commented to the team manager, a couple times, stating, â€œthe field was wet.â€ All of this provides no doubt that Maddox was aware of the risk while playing.
3. Did Maddox voluntarily assume the risk of injury? Why?
Maddox did voluntarily assume the risk of injury by choosing to play without ever requesting to sit the game out due to the condition of the field. Even though he pointed out to his manager that the playing field conditions could potentially be hazardous to his health, he never attempted to excuse himself from play, making it voluntary. Also in the state of New York it has been established that the players participating in athletic events, such as a professional baseball game, assume the risk of injury that is associated with the sport. A similar case, Scaduto vs State of New York, ruled that baseball players assume the dangers of the game, including the possibility of falling while pursuing a ball.
4. Would it have made a difference if Maddox made a request to his manager that he be excused from playing that day, and the request was denied?
Absolutely, this would have made a difference. If Maddox made the request to sit the game out, because of the enhanced risk of injury to due to the conditions, and that request was denied then itâ€™s as if he is being â€œforcedâ€ to play. This would switch the assumption of risk from Maddox...