Struck Pitcher Strikes Out in Court

In Bukowski v. Clarkson University, a sharply split appeals court has held that an injured pitcher, struck in the face by a baseball during an indoor "live" batting practice, assumed the risk of injury and cannot sue his school. The pitcher, Shane Bukowski, admitted that he was an experienced baseball player. He argued, however, that the inherent risk of being struck by an errant baseball was increased because the defendants did not require protective screening for indoor "live" practices and because the poor lighting conditions made it more difficult for him to see and react to batted balls.

At trial, the court tossed the pitcher's negligence action. The court rejected his arguments that the risk of injury was unreasonably increased due to an absence of an L-screen (the screen that protects a pitcher when balls are batted directly at him) or because the indoor lighting conditions were insufficient.

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