The plaintiff fell from the flatbed of a pick-up truck operated by the defendant, a teammate, after a parade.
The plaintiff sued the driver and the hockey club.
The plaintiff's claim against the club was dismissed on consent.
The driver cross-claimed against the club for contribution and indemnity, alleging the club failed to ensure players were safely transported back to the arena.
The club moved for summary judgment to dismiss the cross-claim.
The court found that even if a duty of care existed, there was no breach of the standard of care, as the plaintiff was an adult who voluntarily chose to walk instead of riding the club's float back.
The motion was granted and the cross-claim dismissed.
