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September 2019

New York Attorney Gregory Brescia Secures Voluntary Discontinuance on Behalf of Youth Sports Team Coach

Gordon Rees Scully Mansukhani New York Associate Gregory Brescia successfully secured a voluntary discontinuance and complete dismissal of third party plaintiff’s complaint on behalf of the firm’s client, a parent/volunteer soccer coach for a youth soccer league.

The action involved a youth soccer organization, as well as, the parents of the children involved in the incident. Specifically, the plaintiff was injured by the defendant and third party plaintiff’s child when the plaintiff was picked up and slammed to the ground, breaking plaintiff’s leg, during warmups immediately before a soccer game. Third party plaintiff brought a third party action against one of the parent volunteer coaches, claiming negligent supervision.

After the close of discovery, Brescia moved for summary judgment on the issue of liability, arguing that as a volunteer, the firm’s client was afforded protection under the Federal Volunteer Protection Act of 1997 and therefore, the third party plaintiff’s claim was barred. Brescia also argued that the third party plaintiff failed to articulate any good faith basis for maintaining the action against the firm’s client and therefore was entitled to attorneys’ fees. 

In a transparent effort to avoid an unfavorable ruling from the court, without opposing our motion, the third party plaintiff agreed to discontinue the action against the firm’s client. 

Gregory N. Brescia