Specificity in depositions matters; summary judgment overturned on a question of fact as to where and when instructed to wear protective gear.

The plaintiff was injured by a baseball while “warming up” a pitcher off the field just before a game. The defendant coach was granted summary judgment at the trial court level. The plaintiff had alleged negligence and gross negligence in failing to instruct as to putting on protective gear before warming up. The defendant’s deposition testimony had been that the players were advised to put on safety equipment before warming up a pitcher on the field. On appeal it was argued that there was a question of fact that remained as to whether the defendant’s instruction also applied to warming up a pitcher off the field. The appellate court reversed.

^{Case Law Alerts, 1st Quarter, January 2018}

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