July 2023 - Parks & Recreation - 33

backwards to return a shot and, thus,
assumed the risk of injury. "
In response, Plaintiff claimed
a trial was needed to determine
whether he actually " knew and appreciated
the risk " because he " had
never played pickleball before " the
day of his injury. In his deposition,
Plaintiff had testified " he had
not played tennis before at Foote
Park and that it was the first day
he played pickleball. " Moreover,
Plaintiff testified he had " never
watched others play pickleball before
that day " and " he did not have
an understanding of the rules of
pickleball before taking the court
that day, " including learning " what
each line meant that day. "
In the opinion of the court:
" Knowledge of the bench alone is not
sufficient to show that ... [P]laintiff
assumed the risk as a matter of law, "
precluding further trial proceedings:
Based upon the evidence presented,
reasonable minds can differ on
whether the plaintiff appreciated
the nature of the risk before he
played pickleball. The court cannot
say, as a matter of law, that the
plaintiff assumed the risk, and,
therefore, the motion for summary
judgment on grounds that the
plaintiff assumed the risk is denied.
Conclusion
Having found " no genuine issue
of material fact as to whether the
defendant is entitled to governmental
immunity, " the court held
the Town was " entitled to judgment
as a matter of law as to the
[P]laintiff's negligence claim. " On
the other hand, given the existence
of " genuine issues of material
fact, " the court denied the Town's
motion for summary judgment
on Plaintiff's nuisance claim and
the Town's assumption of risk defense.
As a result, this case would
be allowed to proceed to further
trial proceedings on the issues of
nuisance liability and the assumption
of risk defense.
James C. Kozlowski, J.D., Ph.D., is an Attorney and Professor
emeritus in the School of Sport, Recreation and Tourism
Management at George Mason University (jkozlows@gmu.
edu). Webpage link to an archive of articles (1982 to present):
mason.gmu.edu/~jkozlows/lawarts/artlist.htm.
Creating
Equity-Based System
Master Plans
NRPA's online tool can help you
create master plans grounded in
equity and inclusion.
nrpa.org/ParkMasterPlanning
PARK S ANDRECRE AT ION . OR G | JULY 2 0 2 3
| Parks & Recreation
33

https://mason.gmu.edu/~jkozlows/lawarts/artlist.htm http://www.nrpa.org/ParkMasterPlanning

July 2023 - Parks & Recreation

Table of Contents for the Digital Edition of July 2023 - Parks & Recreation

July 2023 - Parks & Recreation - Intro
July 2023 - Parks & Recreation - Cover1
July 2023 - Parks & Recreation - Cover2
July 2023 - Parks & Recreation - 1
July 2023 - Parks & Recreation - 2
July 2023 - Parks & Recreation - 3
July 2023 - Parks & Recreation - 4
July 2023 - Parks & Recreation - 5
July 2023 - Parks & Recreation - 6
July 2023 - Parks & Recreation - 7
July 2023 - Parks & Recreation - 8
July 2023 - Parks & Recreation - 9
July 2023 - Parks & Recreation - 10
July 2023 - Parks & Recreation - 10a
July 2023 - Parks & Recreation - 10b
July 2023 - Parks & Recreation - 11
July 2023 - Parks & Recreation - 12
July 2023 - Parks & Recreation - 13
July 2023 - Parks & Recreation - 14
July 2023 - Parks & Recreation - 15
July 2023 - Parks & Recreation - 16
July 2023 - Parks & Recreation - 17
July 2023 - Parks & Recreation - 18
July 2023 - Parks & Recreation - 19
July 2023 - Parks & Recreation - 20
July 2023 - Parks & Recreation - 21
July 2023 - Parks & Recreation - 22
July 2023 - Parks & Recreation - 23
July 2023 - Parks & Recreation - 24
July 2023 - Parks & Recreation - 25
July 2023 - Parks & Recreation - 26
July 2023 - Parks & Recreation - 27
July 2023 - Parks & Recreation - 28
July 2023 - Parks & Recreation - 29
July 2023 - Parks & Recreation - 30
July 2023 - Parks & Recreation - 31
July 2023 - Parks & Recreation - 32
July 2023 - Parks & Recreation - 33
July 2023 - Parks & Recreation - 34
July 2023 - Parks & Recreation - 35
July 2023 - Parks & Recreation - 36
July 2023 - Parks & Recreation - 37
July 2023 - Parks & Recreation - 38
July 2023 - Parks & Recreation - 39
July 2023 - Parks & Recreation - 40
July 2023 - Parks & Recreation - 41
July 2023 - Parks & Recreation - 42
July 2023 - Parks & Recreation - 43
July 2023 - Parks & Recreation - 44
July 2023 - Parks & Recreation - 45
July 2023 - Parks & Recreation - 46
July 2023 - Parks & Recreation - 47
July 2023 - Parks & Recreation - 48
July 2023 - Parks & Recreation - 49
July 2023 - Parks & Recreation - 50
July 2023 - Parks & Recreation - 51
July 2023 - Parks & Recreation - 52
July 2023 - Parks & Recreation - 53
July 2023 - Parks & Recreation - 54
July 2023 - Parks & Recreation - 55
July 2023 - Parks & Recreation - 56
July 2023 - Parks & Recreation - Cover3
July 2023 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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