Latest News: Technology |  Celebrity |  Movies |  Apple |  Cars |  Business |  Sports |  TV Shows |  Geek

Trending

Filed under: News

 

Court Tosses Lawsuit From Spectator Hit By Wild Youth Baseball Throw

Jan 2 2014, 12:51pm CST | by

10 Updates
 
 

Comments

Full Story

Court Tosses Lawsuit From Spectator Hit By Wild Youth Baseball Throw

If you’ve ever gone to a youth baseball game, you know that thanks to the players’ relative lack of muscle control compared with major leaguers, a ball or bat can come flying from anywhere at anytime, headed any place.

If you don’t know this, a Pennsylvania appeals court, one step down from its state supreme court, joined a lower court in legally codifying that you should. It upheld a previous dismissal of a lawsuit filed by an adult who got hit by a stray baseball thrown by a child player.

From LehighValleyLive.com:

The Pennsylvania Superior Court ruled [Dec. 31] that an Upper Saucon Township woman cannot sue an Allentown baseball academy after an errant throw during a youth game struck her in the head.

Tracy DeBrigida had just set her family down on a blanket behind the first base line to watch her son’s game July 11, 2009, when a baseball struck her on the right side of the face, causing serious injuries, according to court documents.

Two years later, she and her husband, John DeBrigida, filed a lawsuit against the Lehigh Valley Baseball Academy and the Lehigh Valley Stealth Baseball Team. The two organizations were hosting a baseball tournament at a local elementary school, according to court documents. …

Despite the unique elements of the case, the Superior Court agreed the DeBrigidas did not have grounds to pursue their lawsuit. Foul balls and bad throws are common knowledge in baseball, and fans must exercise care to protect themselves as a result, the appeals court ruled.

As of yet, DeBrigida and her attorney have issued no comment, so there’s no word whether she will request Pennsylvania’s supreme court hear her case. Her chances aren’t good, in that with few exceptions, courts have ruled that at all levels of baseball, spectators assume the risk of getting hit with a ball or bat that goes astray (assuming it wasn’t intentionally thrown at them).

However, that doesn’t mean people don’t try to get legal redress for injuries suffered from flying objects at a youth baseball game.

For example, in 2012, a Manchester, N.J., woman sued a Little League catcher who, at age 11, overshot his pitcher during warmups in an enclosed bullpen, sending the ball over the fence and hitting her in the face. According to a Facebook page supporting the catcher, Matthew Migliaccio, depositions just began in fall 2013, so the case is still very active. In that case, the plaintiff, Elizabeth Lloyd, is suing the player, not the league, as DeBrigida did.

You might ask, you mean someone can sue a preteen baseball player? And I would answer, yes, someone can. In 1997, an appeals court in Connecticut reversed the dismissal of a lawsuit against Johnny Lupoli of Wallingford, saying a lower court was wrong when it said the 9-year-old boy legally could not be served papers by a woman who said his errant warmup throw hit her in the face. The lawsuit (to which Johnny’s league was latter added as a defendant) was settled, with terms undisclosed but good enough for Johnny’s lawyer to be “ecstatic” with them, in August 2000.

Source: Forbes

 

iPad Air Giveaway. Win a free iPad Air.

You Might Also Like

Updates


Sponsored Update

Update: 10

4 Firms In Iskandar Malaysia Get Facilitation Fund Totalling RM16.2 Million

Source: Malaysia Today

(Bernama) – Four companies have received the facilitation fund amounting to RM16.2 million from TERAJU@Iskandar Malaysia in an information sharing programme on business opportunities and as ...
Source: Malaysia Today   Full article at: Malaysia Today 6 days ago, 7:42am CDT
 


Advertisement


Update: 9

Selangor’s Watergate about to explode

Source: Malaysia Today

Anwar brought Wan Azmi to meet Khalid to try to resolve this matter. Anwar supports the RM2.5 billion claim but Khalid is stubbornly sticking to the figure of RM250 millio ...
Source: Malaysia Today   Full article at: Malaysia Today 1 week ago, 4:12am CDT
 

More From the Web

Update: 8

GLCs told to provide RM7 billion to develop Bumiputera firms

Source: Malaysia Today

(The Malaysian Insider) – Putrajaya has directed government-linked companies (GLC) to generate RM7 billion in business opportunities for Bumiputera firms this year, Prime Minister Prime Minister Datuk Seri Najib Razak... REA ...
Source: Malaysia Today   Full article at: Malaysia Today Jul 17 2014, 2:05am CDT
 

Update: 7

Rafizi shows proof of Putrajaya’s hand in contentious carpet-trader loan

Source: Malaysia Today

Eileen Ng, The Malaysian Insider PKR lawmaker Rafizi Ramli today revealed documents to prove Putrajaya interfered in the RM32 million Bank Rakyat loan to ‎controversial businessman D ...
Source: Malaysia Today   Full article at: Malaysia Today Jul 16 2014, 2:16am CDT
 

Update: 6

PAS MP claims Bank Rakyat loaned carpet-trader RM215m, interest free

Source: Malaysia Today

(Malay Mail Online) – Controversial businessman Deepak Jaikishan (pic) was given a whopping RM215 million interest-free loan from state-owned Bank Rakyat, a PAS lawmaker alleged today, despite Putrajaya’s claims ...
Source: Malaysia Today   Full article at: Malaysia Today Jul 14 2014, 5:52am CDT
 

Update: 5

MRCB, Nusa Gapurna and PKNS settle suit over RM3 billion PJ Sentral project

Source: Malaysia Today

(The Malaysian Insider) – Malaysian Resources Corp Bhd (MRCB), Nusa Gapurna Development Sdn Bhd (NGD) and PKNS Holdings Sdn Bhd have reached an out-of-court settlement over the ownership ...
Source: Malaysia Today   Full article at: Malaysia Today Jun 21 2014, 2:53am CDT
 

Update: 4

Story behind Syed Mokhtar’s ‘RM2.25 billion tax-exempt’ Bernas deal revealed, says PKR MP

Source: Malaysia Today

(The Malaysian Insider) – An innocuous written reply in Parliament has provided a peek into the cosy relationship between the Najib administration and Malaysia’s best-known businessman, T ...
Source: Malaysia Today   Full article at: Malaysia Today Jun 15 2014, 12:56pm CDT
 

Update: 3

Constitutional monarchy still murky concept

Source: Malaysia Today

After the RM4.5 billion land sale, the Sultan of Johor secured a 15% stake in MOL Access Portal (MOL) for RM396 million and took a 20% stake in Berjay ...
Source: Malaysia Today   Full article at: Malaysia Today Jun 14 2014, 12:37am CDT
 

Update: 2

Sultan of Johor’s RM4.5 bil backlash?

Source: Malaysia Today

Has Sultan Ibrahim of Johor’s succession of big money deals over the last six months caused the tide of public opinion to turn against Johor’s royal palace? KiniBiz examines ...
Source: Malaysia Today   Full article at: Malaysia Today Jun 11 2014, 8:49am CDT
 

Update: 1

Putrajaya denies carpet dealer given interest-free loan

Source: Malaysia Today

Eileen Ng, The Malaysian Insider Putrajaya today refuted allegations that Bank Rakyat had allowed carpet dealer Deepak Jaikishan to repay a RM32 million loan without interest follow ...
Source: Malaysia Today   Full article at: Malaysia Today Jun 11 2014, 5:44am CDT
 

Shopping Deals

 
 
 

<a href="/latest_stories/all/all/31" rel="author">Forbes</a>
Forbes is among the most trusted resources for the world's business and investment leaders, providing them the uncompromising commentary, concise analysis, relevant tools and real-time reporting they need to succeed at work, profit from investing and have fun with the rewards of winning.

 

 

Comments

blog comments powered by Disqus

Latest stories

New Video Shows Orlando Bloom Punch the Bieber over Miranda Kerr
New Video Shows Orlando Bloom Punch the Bieber over Miranda Kerr
A new video gives a clear view of the punch Orlando Bloom landed on Justin Bieber. Was it over Miranda Kerr?
 
 
Dollarbird App Review
Dollarbird App Review
Dollarbird is a cutting-edge finance tracking application that has received quite an applause by the numerous users. It is a far-reaching and dynamic tool for handling your finances and it assists you in placing your money in places that matter. It enables you to effortlessly have a trajectory and make a thorough prognosis about your finances.
 
 
Light Flow App Review
Light Flow App Review
The Light flow app is particularly useful for those users who find it difficult to manage and/or respond to their notifications. Light flow ideally allows you to take full control of the notifications on your Smartphone. The app allows you to set different sound patterns on mobile vibration in order to alert you for your notifications.
 
 
VSCO Cam App Review
VSCO Cam App Review
The VSCO cam is a highly productive and useful app. It is regarded as one of the smartest and easy to use photo editing apps. It gives its user the optimal way of shooting, editing, adjusting, and then sharing their enhanced photographs with their friends and family. The customers rate this app quite high and it ideally stands among the top 5 photo editing apps in the market today.
 
 
 

About the Geek Mind

The “geek mind” is concerned with more than just the latest iPhone rumors, or which company will win the gaming console wars. I4U is concerned with more than just the latest photo shoot or other celebrity gossip.

The “geek mind” is concerned with life, in all its different forms and facets. The geek mind wants to know about societal and financial issues, both abroad and at home. If a Fortune 500 decides to raise their minimum wage, or any high priority news, the geek mind wants to know. The geek mind wants to know the top teams in the National Football League, or who’s likely to win the NBA Finals this coming year. The geek mind wants to know who the hottest new models are, or whether the newest blockbuster movie is worth seeing. The geek mind wants to know. The geek mind wants—needs—knowledge.

Read more about The Geek Mind.