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Castello v. County of Nassau

636 N.Y.S.2d 817 (1996)

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Castello v. County of Nassau

New York Supreme Court, Appellate Division

636 N.Y.S.2d 817 (1996)

Facts

Donne Castello (plaintiff) was playing in a softball game. He was an experienced player. Having batted several times during the game, Castello noticed that the earth beneath the corner of home plate facing third base was getting dug out, causing the corner of the plate to protrude. During the eighth inning, Castello slid head-first into home plate. He jammed his shoulder against home plate’s protruding corner, injuring the shoulder. Castello sued the Incorporated Village of Freeport (defendant) for negligence, seeking damages for his injuries. The Village of Freeport moved to dismiss Castello’s complaint. The trial court granted the motion. Castello appealed.

Rule of Law

Issue

Holding and Reasoning (Bracken, J.)

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