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No design defect as running into a fence post in a softball game is inherently dangerous.

April 1, 2010
Kaitbenski v. Tantasqua Regional School District, et al., 2009 Mass. Super. LEXIS 380 (January 11, 2010).

The Massachusetts state court recently held that a plaintiff claiming design negligence for the placement of a fence post around a softball diamond could not defeat the defendant's, the architect, Motion for Summary Judgment. The court specifically states that softballs are likely to be fouled off during play, which makes the Actual location of the fence post inherently risky and a player has no reasonable expectation of demonstrating negligence against an architect. As long as the design professional has complied with the applicable standards for placement of the fence and the fence posts around a softball diamond, the professional has not created an unreasonable risk of foreseeable harm to the players. An insurer should be well aware that in cases involving inherently dangerous sporting activities, a fact specific Motion for Summary Judgment can be sustained.

Case Law Alert - 2nd Qtr 2010

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David J. Shannon
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djshannon@mdwcg.com

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