Practice point: While participating in a wrestling match sponsored by the defendant the plaintiff's child allegedly sustained injuries when his opponent performed "an illegal or unreasonably dangerous wrestling move." Seeing the alleged illegal move, the referee, who himself was an experienced high school wrestler, disqualified the opponent.
The plaintiff alleges that the defendant was negligent in failing to provide an adequately trained or certified referee to supervise the wrestling match. The Appellate Division determined that the defendant established its prima facie entitlement to judgment as a matter of law with evidence, including a transcript of the deposition testimony of the plaintiff's child and a videotape of the wrestling match, demonstrating that the allegedly illegal wrestling move occurred in so short a span of time that even the most intense supervision could not have prevented it. As the plaintiff failed to raise a triable issue of fact, the Appellate Division reversed, and dismissed the complaint.
Student note: Where an accident occurs in so short a span of time that even the most
intense supervision could not have prevented it, lack of supervision is
not the proximate cause of the injury, and the court will grant summary judgment to a
defendant charged with a breach of the duty of reasonable supervision.
Case: Cvijenovich v. Beacon Kids Wrestling Club, NY Slip Op 01777 (2d Dept. 2015)
Here is the decision.
Monday's issue: Taxi medallions and claims sounding in breach of contract and unjust enrichment.
