Lori Smero v. City of Saratoga and Saratoga Youth Hockey, Inc.

Saratoga Springs, NY - Lori Smero, Individually and as Parent and Guardian of Rachel Smero, a minor, , age 15, sued The City and the Saratoga Youth Hockey, Inc. on a negligence theory claiming that their daughter was hit in the head by a hockey puck as she walked in down stairs in the City owned Vernon Rick.



In 2014, plaintiffs' 10-year old daughter (hereinafter the

child) sustained injuries to her head when she was struck by an

errant hockey puck that left the ice while she was spectating a

youth hockey practice at Vernon Rink in Saratoga County. As a

result of this incident, plaintiffs commenced this negligence

action against defendants, the City of Saratoga Springs and

Saratoga Youth Hockey, Inc., to recover for the child's

injuries.1 In their complaint, plaintiffs allege that defendants

were negligent by failing, among other things, to install proper

safety netting or barriers in the area where the child was

injured, to construct or maintain the rink in a safe manner, and

to supervise, control and maintain the activities occurring on

the ice. After issue was joined and discovery was completed,

defendants each moved for summary judgment dismissing the

complaint against them, arguing that, as a spectator at the

hockey practice, the child had assumed the risk of being injured

by an errant hockey puck. Finding that there were triable issues

of fact, Supreme Court denied defendants' motions for summary

judgment.

Plaintiff's verdict for $1.22 million.