Farrell v. Marist College

Summary

The Appellate Division, Second Department affirmed an order granting summary judgment to Marist College and a cheerleading coach in a personal injury action arising from a cheerleading stunt. The court held that the plaintiff, an experienced cheerleader, assumed the inherent risks of cheerleading, including injuries resulting from a teammate falling during a pyramid formation and participation while fatigued.

Holdings

1. A participant who voluntarily engages in cheerleading, including stunts, assumes risks that are inherent in the activity, including risks associated with a pyramid formation, a teammate falling, and participation while fatigued.
2. Defendants were entitled to summary judgment dismissing the complaint because they demonstrated that Farrell voluntarily engaged in cheerleading and knew the inherent risks, and Farrell failed to raise a triable issue of fact in opposition.

Questions Presented

1. Whether the doctrine of primary assumption of risk barred Farrell's personal-injury claims arising from her voluntary participation in a cheerleading stunt.
2. Whether defendants were entitled to summary judgment because they demonstrated that Farrell accepted the inherent risks of cheerleading and Farrell failed to raise a triable issue of fact.

Disposition

affirmed