Thursday, September 30, 2010

Pitcher Wins Lawsuit Over Bad Mound; Gets $50K After Breaking Arm

Ron Miller, a lawyer in Maryland at the law firm Miller & Zois, has forwarded an interesting story on to me.

As covered on Miller's blog, a 17 year old pitcher was awarded $52,703 by a jury after he fractured his right arm while pitching in a game. The Plaintiff successfully argued that the injury was sustained as a result of the mound being too steep. Presumably, it was argued that the impact coming off the mound caused the injury. (the pitcher did not fall off the mound and break his arm).

There is a principle at law called voluntary assumption of risk. This refers to the acceptance of a risk or danger associated with an activity by doing the activity. When you play hockey you understanding that there is a risk, and when you step on the ice you assume and agree to that risk.

Presumably, it was argued here that the young pitcher knew there was risk associated with pitching and he assumed that risk. However, it doesn't look like the jury bought it.

Lawyers for the pitcher must have been quite convincing when arguing that the steep mound caused the injury. Those could be 2 tough dots to connect.

Another interesting case.

Thanks Ron.

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