May 2014- Charles H. Nugent, Jr., Esquire recently settled a lawsuit for $290,000.00 on behalf of a client who suffered facial injuries after being struck by a baseball while pitching batting practice to a little league player. The Nugent Law client, a father who's son was on the little league team, was standing behind a protective "L screen" while pitching batting practice. The player to whom he was pitching hit a line drive toward the "L screen", and the ball struck the unpadded lower horizontal bar, near its intersection with a vertical bar, causing the ball to ricochet up into the face of the client.
The lawsuit was brought under the New Jersey Product Liability Act, NJSA 2A:58C-1, et seq., on the basis that the product, "L screen", was not reasonably fit for its intended purpose because it was designed in a defective manner.
Mr. Nugent was able to show that there were safer designs on the market which would have avoided the forseeable danger caused by the design defect, and that the practical and technically feasible alternative designs would have prevented the harm without substantially impairing the function or utility of the product.
The case was brought against the Chinese manufacturer and the importer and distributor of the product.
The defense claimed that the plaintiff misused the product, and was not behind the protective "L screen" at the time of the injury. That defense was supported by the young player who hit the ball. Despite that difficult issue, Mr. Nugent prevailed and obtained a very favorable result for the client.