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Allen v. Dover Co-Recreational Softball League9/30/2002
writ does not allege any facts from which one could reasonably infer that the standard of care required the defendants to recommend, require or provide helmets, use a less dangerous softball or maintain a ratio of five men and five women on each team, and therefore, the writ does not allege sufficient facts that the defendants unreasonably created a new risk outside the ordinary risks or unreasonably increased the inherent risk that Carol Allen would be injured when struck by a softball while participating in an adult co-recreational softball game. Cf. Estes v. Tripson, 932 P.2d 1364, 1367 (Ariz. Ct. App. 1997) (holding as a matter of law that base-runner who allegedly acted in ordinary and typical manner when he ran toward homeplate and stepped on catcher's outstretched leg, fracturing her tibia and fibula, did not unreasonably increase the inherent risks that catcher faced in a softball game and therefore did not breach duty). Because the plaintiffs' allegations do not constitute a legal basis for relief, the trial court properly dismissed the case. See Young, 127 N.H. at 342 (court may determine that defendant's conduct has conformed to standard as a matter of law).
Affirmed.
BROCK, C.J., and DALIANIS, J., concurred.
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