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Nov
2022

Appellate Court Affirms Summary Judgment for OLG’s Client

 General

The Second Appellate District, Division Two, upheld a trial court order granting summary judgment for OLG’s client against a basketball injury.

OLG had obtained summary judgment against plaintiff who alleged that he slipped on water while playing basketball on an indoor court at a sports facility, which resulted in a fractured left patella and knee tendon rupture. OLG’s motion for summary judgment on behalf the sports facility was granted based on Primary Assumption of Risk – Plaintiff’s injury was the result of the inherent risk of playing basketball.  Plaintiff appealed.  He argued that the facility was grossly negligent and increased the risk of basketball by maintaining an overcrowded,
debris-filled, dilapidated, worn, and uneven floor.  The appellate court agreed with OLG that plaintiff failed to present any evidence to support any of his allegations including increasing the risk of basketball.  The appellate court affirmed the judgment as proper.

Joel Witzman write the respondent’s brief and argued the case.