Sanchez v. Hillerich & Bradsby Co. case brief

Sanchez v. Hillerich & Bradsby Co. case brief summary
128 Cal.Rptr.2d 529 (2002)

CASE SYNOPSIS

Plaintiff, an injured pitcher, appealed from a judgment of the Superior Court of Los Angeles County, California, granting summary judgment dismissal of his action against defendants, a bat manufacturer, two universities, and an athletic association.

CASE FACTS
A pitcher was seriously injured when struck by a line drive hit by an aluminum bat. He filed suit against the bat manufacturer and others alleging that the design and use of this particular bat significantly increased the inherent risk in the sport of baseball that a pitcher would be hit by a line drive. Defendants moved for summary judgment asserting primary assumption of the risk and that the pitcher would be unable to prove causation. The trial court concluded that the pitcher would be unable to prove that his injuries resulted from the alleged increased risk the particular bat posed to pitchers.

DISCUSSION and HOLDING

• The appellate court disagreed. 
• The pitcher presented sufficient evidence to establish that use of this particular bat significantly increased the inherent risk that a pitcher would be hit by a line drive and that the unique design properties of this bat were the cause of his injuries.

CONCLUSION
The judgment was reversed, and the matter was remanded.

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