MuskogeePhoenix.com, Muskogee, OK

Oklahoma News

July 1, 2014

Court: Bat maker not liable for pitcher's injuries

OKLAHOMA CITY (AP) — An Oklahoma man who was seriously injured by a line drive during a 2006 high school baseball game isn't entitled to a nearly $1 million award from the manufacturer of the bat used to hit the ball, a federal appeals court ruled Monday.

Dillon Yeaman was a 15-year-old pitcher for Norman High School when a line drive struck him in the face, breaking his frontal and nasal bones and fracturing the orbital walls of both eyes. Yeaman lost his sense of smell, had a mesh plate inserted in his forehead and had his nose rebuilt with titanium, according to court records.

Yeaman and his family sued Hillerich & Bradsby, the Kentucky company that made the Louisville Slugger Exogrid bat, claiming the bat was defective because it propelled the ball too fast.

A jury awarded the family $950,000, but the company appealed and a judge set aside that verdict. The judge determined that the Yeamans did not provide sufficient evidence that a defect in the bat made it unreasonably dangerous, or that there was a dangerous characteristic of the bat that triggered a duty on the part of the company to warn the public.

A three-judge panel of the Denver-based 10th U.S. Circuit of Appeals upheld that ruling on Monday.

"Because the Yeamans failed to present any objective evidence showing the bat to be dangerous beyond that reasonably contemplated by the ordinary consumer, we affirm," the appeals court panel wrote.

Hillerich & Bradsby said in a statement that it was pleased with the court's decision.

"We never want to see anyone hurt participating in baseball, the game we love and have been part of for 130 years," the company said. "Unfortunately, while extremely rare, injuries do occur in sports, including ones with batted balls.

"The vast majority of people who play supports fully recognize and accept those risks."

Messages left with attorneys for the Yeaman family were not immediately returned.

 

1
Text Only
Oklahoma News
AP Video
Looming Demand Could Undercut Flight Safety Raw: 2 Shells Hit Fuel Tank at Gaza Power Plant Raw: Massive Explosions From Airstrikes in Gaza Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Kerry: Humanitarian Cease-fire Efforts Continue Raw: Corruption Trial Begins for Former Va Gov. The Carbon Trap: US Exports Global Warming UN Security Council Calls for Gaza Cease-fire Traditional African Dishes Teach Healthy Eating 13 Struck by Lightning on Calif. Beach Baseball Hall of Famers Inducted Israel, Hamas Trade Fire Despite Truce in Gaza Italy's Nibali Set to Win First Tour De France Raw: Shipwrecked Concordia Completes Last Voyage Raw: Sea Turtle Hatchlings Emerge From Nest Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US
Poll

Should a federal judge have the power to strike down Oklahoma's ban on gay marriage?

Yes
No
     View Results
Featured Ads
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Stocks