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Lombardi Law Firm

New Trial Ordered for a High School Baseball Player Who Suffered Serious Brain Injury

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Baseball GameA Muscatine high school baseball player was struck in the head with a foul ball in 2011 when he was standing in the dugout. He was in the hospital for 12 days and now suffers from seizures, depression, and other effects of a traumatic brain injury. He brought a lawsuit against the school where the accident occurred, Davenport Assumption High School, claiming that the school was partially responsible for his injuries by failing to protect visting players.  The jury in the district court trial agreed with the plaintiff and awarded him $1 million in damages. The Davenport Assumption High School appealed and the Iowa Supreme Court agreed that the defendant should have been able to make additional arguments, including that their dugout conformed to normal safety practices for high school baseball dugouts and that the plaintiff was at fault for failing to maintain a proper lookout to protect himself.  The case will thus be sent back to the district court in Scott county and a new trial will commence that allows the defendant to present these new arguments.  A new jury may still rule in favor of the plaintiff, but it will be a different case presented and only time will tell.

Have you or a loved one been injuried while participting or observing a sporting event? Perhaps we can help. Contact us online or call us directly at 515.222.1110.

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