Little Leaguer suffers brain damage from bat, jury awards $7 million

Ten-year-old Dalton Nelson rushed onto a Utah baseball diamond to return a foul ball during a youth baseball tournament. He was accidentally clubbed in the head by a batter taking a warm-up swing. His parents sued, and won a $7 million settlement.

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Unreasonable? Not when you consider that he suffered a serious brain injury and, according to doctors’ testimony, will need medical care for the rest of his life.

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In case you’re wondering: the suit was not against the boy who accidentally injured him, nor against the boys’ family; rather, it was against the U. S. Specialty Sports Association, which organized and oversaw the event.

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Testimony regarding who allowed the boy to return the ball was inconsistent. In any event, the jury felt that the Association was 92.5% liable for the boy’s injuries, since it has overall responsibility for maintaining safety at sporting events under its supervision.

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The boy’s family’s attorney, Lynn Harris, declared that the case showed that “the system works,” and added that the money will be needed for “treatment, tutoring, and assisted living in the future.”

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The association’s attorney, Cliff Payne, is not so satisfied. “I’m shocked at the size of the verdict,” he said. “There will be some post-trial motions and appeal.”

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[source:]

KUTV.com

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