Case Assignment Two
Elliott Maddox v. City of New York, 487 N.Y.S.2d 354 (App. Div. 1985), available on T-Square
Read the above named case and submit your answers by typing your answers below the following questions, saving the document to your hard drive, and submitting it as an attachment on T-Square. Please type your name at the top of the document. Your answers should be written in whole sentences.
This assignment is worth 30 points. You will be evaluated based on the accuracy and completeness of your answers. Late submissions will not be accepted. YOU MUST COMPLETE THE ASSIGNMENT WITHOUT ANY ASSISTANCE FROM CLASSMATES OR OTHER INDIVIDUALS; COLLABORATION IS NOT PERMITTED. ANY VIOLATION OF THIS REQUIREMENT WILL BE REFERRED TO THE OFFICE OF STUDENT INTEGRITY.
1. Describe the risk of injury to Maddox.
While participating in a sporting event there is always a potential risk of injury, even in optimal playing conditions. Maddox, along with all athletes, know there is a risk of injury while playing their sport. In Maddox's case the risk dealt with issues in the playing field such as wet spots and even puddles of water. These conditions could cause players to slip or have issues in planting their feet properly. Maddox was aware of this risk but chose to play anyways, and that lead to his left foot slipping and his right foot being stuck in a mud puddle as he went to throw the ball causing his right knee to buckle
2. What facts support the argument that Maddox knew of this risk?
Maddox admitted that while in the game he noticed centerfield was “awfully wet” with “some mud” and he even noticed “some standing water” while playing in center field. Furthermore Maddox went on to notify a grounds crew of the condition of center field, giving the court a witness that Maddox was aware of the condition and risk of playing. “In his examination before trial, Maddox admitted that he knew centerfield and right centerfield to be wet,...