Originally Posted by Avles
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?
Neither of us can say for sure without seeing the papers.
Still, I think that as a matter of law, anyone standing on a hockey rink can expect to be hit by a puck, even if practice is over.
And anyone on a tennis court should know a ball could come a'flyin' at any moment from any direction, regardless of whether a point or game or match or practice is over. If you are on the court, you have assumed the risk of any tennis-related injury, and nothing is ever "over" until you leave the court. On account of how it is a tennis court.
I'd bang the gavel for the defendant.