Norman Cohen v. Sterling Mets, L.P. Summary

A description of a case involving a stadium vendor at the Mets stadium in New York, who was injured during a T-shirt launch. The case, which made it to the Supreme Court in Queens County, dismissed the plaintiff's negligence action against the stadium's holding company Sterling. The Court held that Sterling established that it was entitled to summary judgment because it did not breach a duty of care to the plaintiff based upon the doctrine of assumption of the risk (which has extensive application in cases involving spectators and participants) of an open obvious condition. As a seasoned vendor who had worked at the Stadium and other venues for years, the plaintiff unquestionably appreciated the risks that were associated with working in unprotected parts of the Stadium. The Court also noted that spectators' alleged frenzied and dangerous reaction to the t-shirt souvenirs was no different that their effort to obtain a souvenir baseball.

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