Vol. 54 No. 6

Trial Magazine

Verdicts & Settlements: Premises Liability

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Use of Defective Netting at Batting Cage Facility

June 2018

Craig Lefebvre, a 23-year-old coach, was leaving the NC Valley Baseball batting cage facility. As he walked through the area that separated two of the netted batting lanes, he stopped to talk with the parent of one of his players. A baseball traveled through the safety netting that separated the batting lane and the walkway, striking Lefebvre in the groin and causing him to suffer a fractured right testicle. He underwent emergency surgery to repair the testicle but has suffered up to 50 percent volume loss in the organ, in addition to chronic pain that will require further surgeries. His medical expenses were more than $18,300.

Lefebvre sued NC Valley, alleging it used defective nets that were old and secondhand when installed and failed to conduct a reasonable inspection of its safety nets. Suit also alleged that the defendant failed to properly design its facility and double the netting in the walkway area.

The plaintiff did not claim lost income.

The jury awarded $600,000.

Citation: Lefebvre v. NC Valley Baseball, LLC, No. 2019247 (Cal. Super. Ct. Stanislaus Cnty. Oct. 11, 2017).

Plaintiff counsel: AAJ member Daniel G. Schneiderman, Sacramento, Calif.

Plaintiff expert: Thomas Jennings, safety, Saint George, Utah.