Assumption of risk does not apply where softball coach hits team member in face with bat while demonstrating batting technique.

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and defendants moved for summary judgment, arguing that plaintiff assumed the risk.

Denying summary judgment, the court first reviewed the types of assumption of risk: primary, which acts as a complete bar to recovery by plaintiff, and implied, which allows for partial recovery based on plaintiff’s comparative fault. A person who participates in a sport assumes the known, apparent, or reasonably foreseeable consequences of participation, the court noted.

Case law holds that it is reasonably foreseeable to be hit by a ball or bat while playing baseball. The court said the issue here, however, is whether is it reasonably foreseeable that a coach with years of experience would swing without making sure that there is no one in range. This behavior is a concealed or unreasonably increased risk that plaintiff does not assume as a matter of law, the court held.

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