ALBANY – A college baseball pitcher hit in the face by a line drive during batting practice assumed the risk of injury and cannot sue his school, a split appeals court has ruled.
A 3-2 panel of the Appellate Division, Third Department, decided it was “irrelevant” that a protection screen was not used to shield pitcher Shawn Bukowski from danger “given the fully comprehended and perfectly obvious nature of the inherent risk” of pitching in a competitive intercollegiate game or practice.
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