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ARTICLE ID 190937

$________ PRE-LITIGATION – INSURANCE OBLIGATION – MINOR CLAIMANT STRUCK IN HEAD BY BASEBALL – DEFECTIVE BATTING HELMET – SKULL FRACTURE – CRANIOTOMY PERFORMED – PERMANENT BRAIN INJURY TO 13-YEAR-OLD BOY.

Miami-Dade County, FL

This case involved a permanent brain injury suffered by a 13-year-old boy after he was hit in the head by a baseball thrown by an assistant coach during a baseball practice. The claimant alleged that the baseball league was responsible for the injury because it failed to provide a safe batting helmet, failed to provide proper training for its coaches and failed to provide appropriate facilities for team practices.

The minor claimant was 13 years old when he joined the baseball league in Miami. He had no significant medical history, other than asthma, and was not on any medications, prior to this incident. On October 26, ________, the minor claimant was hit in the head over his helmet by a ball thrown by an adult assistant coach. The claimant alleged that, pursuant to league rules, the league was responsible for providing training to their coaches and assistant coaches. The claimant claimed that the league failed to provide any training to, not only the assistant coach, but to the head coach and failed to provide any guidelines or rules to the coaches. The claimant asserted that, had the league provided the proper training, this incident would have been avoided.

The claimant also contended that the league failed to provide batting helmets that were safe for their intended use, as the helmet worn by the youngster that day did not have an adequate inner padding. Therefore, when the ball struck his head it caused a skull fracture, according to the claimant. Finally, the claimant alleged that the league promised, pursuant to its own league rules, to provide practice facilities on the field to different teams. In spite of this, the claimant claimed that the team was forced to practice on a make-shift field with poor lighting, which contributed to the accident.

The minor claimant was diagnosed with a complex comminuted fracture on the left frontal lobe, necessitating a bi-frontal craniotomy and permanent scarring on his head as a result of the incident. The teenager showed continued difficulties with daily activities, including loss of memory, severe headaches, sleep disturbance, emotional issues and left-hand weakness. The claimant’s neurosurgeon opined that the child has been left with a brain injury constituting a 10% permanent impairment of the total person. The injury may interfere with the boy’s chances of graduating from high school and his future earning ability, according to the claimant’s experts.The case settled prior to filing of suit for the insurance liability policy limit of $________.

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