The plaintiff commenced an action against the Warwick Central School District after being struck in the face with a discus during track practice. Plaintiff also commenced an action against the student athlete who threw the discus. Plaintiff was a member of the track team, and experienced in the discus event. Plaintiff claimed that the School District was negligent in allowing students to throw discuses in an area where other students would be expected to be; in failing to instruct students to keep a proper lookout; and in failing to warn those traversing the fields of the proper distance.

Jessica McClung of our Hopewell Junction office moved for summary judgment on behalf of the School District. We argued that being hit with a discus was a risk that was inherent in participation in, and/or being a spectator of, the discus event; that plaintiff voluntarily placed herself in a position where she knew the discus could land; and that there was no adequate basis for plaintiff's failure to warn claim since the condition of the discus field and the fact that students were practicing the discus was an open and obvious condition which plaintiff acknowledged observing and which was not concealed in any manner.

The Court granted the motion for summary judgment. In doing so, the Court found that the risk of being hit with a discus was perfectly obvious and that by participating in the discus event, plaintiff voluntarily assumed that risk. (November, 2011)