GILLEN v. NASSAU SEMI FAST SOFTBALL LEAGUE (2008)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Robbins, J.), dated October 24, 2006, which granted the motion of the defendant Nassau Semi-Fast Softball League for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the order is affirmed, with costs.

The plaintiff was injured while playing catcher in a softball league game when he collided with a base runner from the opposing team near home plate.   The defendant Nassau Semi-Fast Softball League (hereinafter the League) established its entitlement to judgment as a matter of law by demonstrating that the risk of such collision with another player is inherent in the sport of softball (see Morgan v. State of New York, 90 N.Y.2d 471, 662 N.Y.S.2d 421, 685 N.E.2d 202;  Rich v. West Shore Little League Baseball, Inc., 209 A.D.2d 396, 618 N.Y.S.2d 106).   Therefore, the plaintiff assumed that risk by participating in the softball game, and the League cannot be held liable for her injuries.   In opposition, the plaintiff failed to present evidence sufficient to raise a triable issue of fact.