New York Court of Appeals
Kevin Grady v.Chenango Valley Central School District , Joanne Secky v. New Paltz Central School District
April 27, 2023
Summary
The Court held that primary assumption of risk remains applicable to organized athletic activities, but only where the participant understood and voluntarily accepted risks inherent in the activity and the defendant did not conceal or unreasonably enhance them. Applying that doctrine, the Court affirmed summary judgment in Secky because the basketball drill did not create risks beyond those inherent in basketball, but reversed in Grady because factual questions remained about whether the complex drill and limited protective screen created a concealed or unreasonably enhanced danger.