The New York Supreme Court, Appellate Division, Fourth Department affirmed a trial court order that denied the defendants’ motion for summary judgment in a personal injury case involving a dart board at a bar.
Mooney’s Sports Bar & Grill is owned by McCann’s, Inc. Daart Amusement is a company that manufactures and services dart boards for bars and restaurants. Daart installed a dart board at the sports bar. One day, the plaintiff was at Mooney’s, standing near the dart board. A patron playing darts threw a dart at the dart board, which then struck the plaintiff. The plaintiff filed a personal injury lawsuit against McCann’s and Daart.
Both defendants filed a motion for summary judgment, requesting that the complaint be dismissed. In its motion, McCann’s argued that the plaintiff’s claim was barred under the doctrine of assumption of risk. The trial court rejected this argument and denied McCann’s motion for summary judgment. McCann’s also argued that the plaintiff was the sole proximate cause of his injuries, but because McCann’s failed to include an affidavit or affirmation supporting this contention, the court declined to consider the argument.