Segal McCambridge Secures Pre-Answer Dismissal in Football Spectator Case

Segal McCambridge’s team, led by Shareholder Carla Varriale-Barker, Associate Eileene McKee, and Law Clerk Riggs Faulkenberry, obtained a pre-answer dismissal on behalf of two high school football referees in a negligence action brought by a volunteer at a high school football game.

Plaintiff was an adult member of the officiating crew at a high school football game when he was injured on the sideline by a player attempting to make a tackle. Plaintiff alleged that the referees failed to properly control the teams, train him, protect him, or warn him in order to prevent the incident. As a result, Plaintiff claimed the referees were negligent and created a dangerous condition that led to his injuries.

Plaintiff had previously sued different school defendants based on identical claims arising from the same accident. That case was dismissed on the grounds that Plaintiff assumed the inherent risks associated with being on the sideline during a football game.

Segal McCambridge leveraged the previously dismissed matter to its advantage by relying on the doctrines of collateral estoppel and res judicata. Because the earlier case arose from the same facts and alleged injuries, the firm argued that the issue of Plaintiff’s assumption of the risk had already been decided and should not be re-litigated.

The same evidence demonstrated that Plaintiff, an adult volunteer who had attended many football games in the past, was aware that being struck by a player on the sideline was a possibility. Plaintiff admitted as much in his testimony.

The Court agreed that Plaintiff assumed the risk of his injuries. Because the relevant facts were undisputed and established through the pleadings and prior record, the Court determined there was no genuine dispute requiring further litigation.

Accordingly, the Court granted the defendants’ motion to dismiss pursuant to Civil Practice Law and Rules 3211(a)(5) and (7), concluding that the negligence claim was conclusively defeated.