Thomas A. Montiglio Jr., a partner in ADM’s Albertson office, recently obtained a defense verdict in a Nassau County case involving a high school student who was injured during an after school softball practice. The field in use (not owned by our client) was allegedly overgrown with grass and bumpy. The Plaintiff attempted to slide into an area where second base would have been, and her right cleat got caught in the grass causing her to fracture her ankle. She subsequently underwent ORIF surgery. The Court found that there were issues of fact regarding the Plaintiff’s assumption of risk, and the case was tried over four days before Justice Capetola. A demand of $350,000 was lowered to $99,000 during jury selection, but no offer was made. The jury ultimately returned a defense verdict finding that the Plaintiff assumed the risk of injury by her voluntary participation in the sport of softball.