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ARTICLE ID 190367

$________ GROSS Personal Negligence – Minor plaintiff is struck in face with baseball bat – Extensive dental injuries – 40% comparative negligence found.

Volusia County, FL

The plaintiff was a 12-year-old boy, playing at a little league baseball practice, when he was struck in the face by a baseball bat wielded by the defendant (also a 12-year-old boy at the time). The defendant argued that the plaintiff was comparatively negligent for walking up to the batter.

It was undisputed that the defendant swung the bat and the bat hit the plaintiff in the face. It was disputed as to whether the plaintiff was walking toward the defendant at the time he was hit. The plaintiff sustained severe injuries to his mouth including fractured teeth. The plaintiff’s medical expert opined that, now that the plaintiff is an adult, he will require several future bone grafts and dental implants.

The defense contended that the minor plaintiff walked towards the defendant as the defendant was obviously preparing to swing at the baseball. The defense also contended that the minor plaintiff’s father, who was coaching the team, failed to adequately supervise the youngsters. The plaintiff’s father was listed on the verdict form as a Fabre defendant.The jury found the defendant 50% negligent; the (Fabre defendant) father 10% negligent and the plaintiff 40% comparatively negligent. The plaintiff was awarded $________ in damages, reduced accordingly. The defendant offered $________ to settle the case and increased the offer to $________ shortly before trial. The defendant ultimately paid a post-trial judgment of $________.

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