A Nugent law firm client accepted a settlement in the amount of $290,000 against the manufacturer of a protective "L screen", which is commonly used to protect the pitcher during batting practice.
A little league coach was pitching batting practice to a 12-year-old at an indoor facility, and was standing behind an L screen, which is a safety device that pitchers stand behind to protect themselves from batted balls during batting practice. After throwing a pitch, the batter hit a hard line drive back toward the coach. The baseball ricocheted off the lower horizontal bar and deflected up into the face of the pitching coach. The coach suffered serious facial injuries when struck by the ball.
Charles H. Nugent, Jr., Esquire represented the client, and sued the product manufacturer, who was located in China, as well as the importer of the product, and its distributor. Mr. Nugent argued that the product was designed defectively, in that at the time the product left the manufacturer, there were practical and technically feasible alternative designs that would have prevented the harm without impairing the function of the product. Mr. Nugent was able to show that there were at least two alternative designs that would have eliminated the risk, or minimized the zone of danger, so that the injuries would not have occurred. The case was aggressively defended, with the defendants arguing that the pitcher's face was exposed, and that the "L Screen" is commonly used throughout the country.
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