Bat Injury is Strike-Out for Plaintiff
Obtained a defense verdict following arbitration in a case involving a spectator injured at a youth baseball game. While walking toward the snack stand, the plaintiff was struck on the head by the defendant, a seven-year-old baseball player. The defendant was allegedly warming up outside the designated area when he swung his bat and struck the plaintiff, causing a skull fracture. The arbitrators agreed that there was a presumption that the defendant was not capable of negligence, and the plaintiff did not rebut that presumption.