Originally Posted by Cindysphinx
Plaintiff is very lucky I wasn't the judge.
If you are on a tennis court walking by the net, you are assuming the risk that someone serving a tennis ball will hit you in the eye. If you don't wish to assume that risk, walk along the back curtain.
Right. That's why, when I walk to the net to shake hands after the match, I make sure to wear eye protection, just in case my opponent wants to try one more serve.
Seriously, I don't see how the judge erred here. There was no finding that defendant was responsible. The judge merely held that there were questions of material fact that needed resolving (e.g. was practice really over, did plaintiff have reason to suspect that defendant would keep serving), so no summary judgment.
What's the problem?