Badminton injury.

Practice point: Defendant's motion for summary judgment dismissing the complaint was granted. At his deposition, the infant plaintiff described the activity as trying to spike the shuttlecock to a place away from the other player, in order to score points. This testimony established that the plaintiff was struck by an errant shot. The defendant established that it properly supervised the plaintiff, but, regardless, the plaintiff was injured by an errant shot of the shuttlecock that occurred in such a short period of time that any alleged lack of supervision was not a proximate cause of the injuries.

Student note: Plaintiff's expert’s affidavit submitted in opposition to the motion was insufficient to raise a triable issue of fact as to whether the defendant was negligent in failing to provide the plaintiff with protective eye gear, as there was no evidence to show that a recommendation to use such gear reflected a generally accepted standard or practice in high school.

Case: Gibbons v. Pine Bush Cent. Sch. Dist., NY Slip Op 05612 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Violation of medical privacy.