Wertheim v. United States Tennis Assn

In Wertheim v. United States Tennis Assn. (150 A.D.2d 157 [1st Dept 1989], lv denied 74 N.Y.2d 613, 547 N.E.2d 101 [1989]), a tennis umpire was hit by a ball served by a top-ranked player in the United States Tennis Open in Flushing Meadow Park, New York, in 1983. Upon being struck, the umpire fell down, struck his head, and died. As a matter of law, the Court held that the assumption of risk doctrine barred the suit and, accordingly, dismissed the complaint. The Court stated: "The decedent was fully aware of the risk of being hit by a ball traveling at a rate of speed in excess of 120 miles per hour" (150 A.D.2d at 158). Wertheim is an example of primary assumption of risk.