06/12/2012 // West Palm Beach, Florida, US // JusticeNewsFlash // Justice News Flash // (press release)
New York – An appeals court has ruled that a university is not liable for the injuries of a student that occurred while he was pitching in a batting cage. As reported by the Watertown Daily Times, the Court of Appeals ruled in favor of Clarkson University, upholding the decision of lower courts that it was not obligated to pay damages to university freshman Shawn Bukowski in connection with an injury he sustained in 2006.
As noted in the report, Bukowski was pitching from a mound in an indoor facility when he was hit in the jaw by a baseball, breaking his tooth. He sued the school for related medical expenses, claiming the facility was poorly lit during the incident.
The court is quoted as writing in their decision, “Clarkson University, a college located in upstate New York, should be able to allow its sports teams to practice indoors during the cold winter months without fear of liability for inability to replicate the ideal conditions of the outdoor spring season.”
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