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Pitcher Gets Verdict for Bad Pitcher’s Mound

There is a verdict in Metro Verdicts Monthly in Prince George’s County that I’m amazed has received no media coverage. The Plaintiff, a 17 year old baseball pitcher, received a $52,703 verdict for the right arm fracture he suffered while throwing a pitch in a baseball game.

Two questions come to mind: who would you sue and what would be the cause of action? Apparently, Plaintiff’s lawyer found answers to both of these questions. The jury found that the tournament organizer, Baseball Players Association, built the pitcher’s mound too big and too deep.

Defendants argued what you would expect them to argue: the mound was fine, the plaintiff just threw the ball really hard and these things happen. Defendant’s lawyer apparently also argued that there was no proof that Plaintiff had, as he claimed, a scholarship offer at Delaware Tech and that he failed to follow his doctor’s orders for rehabilitation.

Plaintiff incurred only $2,703 in medical bills. In closing argument, Plaintiff’s attorney asked for $50,000 and the jury, after being out for only an hour, agreed, awarding $52,703. Defendant’s attorney filed a JNOV motion that I’m sure included the phrase “assumption of the risk as a matter of law.” Maryland law has been historically harsh in its treatment of participant sports plaintiffs. But the Maryland Court of Appeals will never see this case because, after the Defendant’s lawyer filed its motion, the case settled for a confidential amount.

Chartis was the insurance company defending the claim for Baseball Players Association. Chartis has 34,000 employees and serves more than 40 million clients in over 160 countries and jurisdictions. Why have you never head of them, then? Chartis is a spin-off of AIG, changing their name because of the taint of the bailout.

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  • jack wilson

    This is just one more straw on the back of amateur sporting; it will now cost a little more, take a little bit more of the fun out of it, cause those involved to worry a little more about getting sued, make it just a little tougher to find volunteers.

  • http://www.acallforjustice.com Florida Personal Injury Lawyer

    These stories make me sick. If you knew anything about baseball or sports as a matter of fact is that players get injured. This kid probably yanked his arm and threw it out which happens all the time in baseball. Pitchers are always having to get surgery on their arms. Have you heard about Tommy John surgery? It’s a surgery based on a pitcher. I can under stand if he was in the dugout and the bench broke from under him but you were pitching and you got hurt. Hang your head low son because you just disgraced the game.