Expert on Assumption of the Risk Picks Up Another Victory

Carla Varriale of Havkins Rosenfeld Ritzert & Varriale recently represented several defendants in securing a legal victory in a case involving to wrestlers in New York state.

In two separate actions, the high school wrestlers alleged that they contracted herpes gladiatorum and MRSA from another wrestler while participating/competing in a 2011 wrestling tournament, which was sponsored and coordinated by Section VI of the NYSPHSAA. The plaintiffs brought the lawsuit against Section VI of the NYSPHSAA and NYSPHSAA, Inc., as well as several school districts, a tournament physician, the high school wrestler from whom the plaintiffs allege they contracted the communicable skin diseases from, as well as the wrestler’s parents and his primary general practitioner.

In support of their motion for summary judgment, the defendants argued that the plaintiffs’ assumption of the inherent, obvious risks of contracting communicable skin diseases including herpes gladiatorum and MRSA while wrestling, notwithstanding their awareness that could generally contract communicable skin diseases (but deny being aware the risk of contracting herpes), negated the defendants’ putative duty of care.

They also argued that the National Federation of High Schools Rules for Wrestling were abided by by all the defendants, in that the suspected student wrestler ruled out a contagious skin disease by using the mandatory Communicable Skin Disease Form, completed by a medical practitioner and reviewed by an on-site physician at a wrestling tournament. This permitted him to wrestle.

The full case summary for Biondo and Candino v. NYSPHSAA, Inc. and Section VI of the NYSPHSAA, et. al. (Supreme Ct. Erie County; Index No.: 1443/12; 5/19/16) appeared in Sports Litigation Alert.