APPELLATE DIVISION REVERSES LOWER COURT, DISMISSING CASE AGAINST LYNCH SCHWAB & GASPARINI CLIENT
On March 4, 2015, the Appellate Division, Second Judicial Department issued a decision in the matter of Cvijenovich v. Beacon Kids Wresting Club, et al., reversing a lower court and dismissing the plaintiffs’ Complaint against Lynch Schwab & Gasparini client, USA Wrestling, Inc. and the Beacon Kids Wrestling Club.
The facts of this claim involved a 13 year old wrestler, who was participating in an extracurricular wrestling tournament run by the Beacon Kids Wrestling Club. The player was slammed to the ground by his opponent, sustaining a significant injury to his shoulder. Plaintiff had alleged that the injury was caused by the negligence of the defendants in increasing certain risks which were associated with wrestling. While plaintiff was successful at the lower court, the Appellate Division reversed that decision, finding that the complaint should have been dismissed. All inferences in favor of the plaintiff, there could be no viable cause of action sustained against the Wrestling Club or promoter.
Cvijenovich v. Beacon Kids Wresting Club, et al., (Supreme Court, Dutchess County). Willentz, Goldman & Spitzer, New York, NY, for the plaintiff.
Posted on April 6, 2015 in Firm News