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$________ Negligent Supervision – Baseball coach negligently pitches batting practice as infant plaintiff is walking off field – Infant plaintiff struck in head – Profound one sided hearing loss – Mild traumatic brain injury – Moderate balance issues

Middlesex County, NJ

This case involved a then 15-year-old infant plaintiff who was participating in the defendant’s for-profit baseball program. Since the case involved a for profit enterprise, immunity, which would be in effect in the case of a volunteer coach, did not apply. The plaintiff contended that the coach negligently pitched in batting practice before the infant plaintiff, who was leaving the field, and had almost reached the dugout. The plaintiff maintained that as a result, he was struck with force in the right ear. The coach contended that since the infant plaintiff had almost reached the dugout, he believed that it was safe to pitch. The plaintiff suffered bleeding at the scene and the ambulance brought him to the hospital, complaining of hearing loss on the right side, and vomiting. The plaintiff’s otolaryngologist related that a CT scan of the head showed both fluid in the mastoid and air within the cochlea and vestibule on the injured side. The plaintiff maintained that the profound sensorineural hearing loss on this side will remain permanently. The evidence disclosed that the plaintiff obtains some improvement from amplification devices. The plaintiff further supported that he will permanently suffer from effects of mild traumatic brain injury, and moderate balance difficulties. The plaintiff also suffered frequent headaches for several years. The evidence reflected that the headaches have become less frequent and the prognosis is good.The case settled prior to trial for $________.

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