Posted on 04/07/2006 12:58:49 PM PDT by rocksblues
SAN FRANCISCO (Reuters) - A player hit by a pitch during a college baseball game in California has struck out in his effort to win damages over the incident.
California's top court ruled 6-1 against a lawsuit by Jose Avila, a student at Rio Honda Community College, who was struck by a pitch in a 2001 game against Citrus Community College. Both schools are in Southern California.
According to his lawsuit, Avila's helmet was broken and he suffered pain and dizziness from the beaning.
Avila sued both schools, the manager, the maker of his helmet and others. But in a decision that came during the opening week of the major-league baseball season, the California Supreme Court ruled against him.
"For better or worse, being intentionally thrown at is a fundamental part and inherent risk of the sport of baseball," the court wrote. "It is not the function of tort law to police such conduct."
"Being intentionally hit is likewise an inherent risk of the sport, so accepted by custom that a pitch intentionally thrown at a batter has its own terminology: 'brushback,' 'beanball,' 'chin music.'"
The decision cited some of the best-known pitchers in baseball history as evidence even top players had threatened or intentionally hit batters to gain advantage.
The judges concluded their opinion by quoting a Hall of Fame player: "In the possibly apocryphal words of New York Yankees catcher Yogi Berra, 'It ain't over till it's over,' but this means that for Avila's complaint against Citrus College, it's over."
Don't confuse the Supreme Court of California with the 9th Circuit Court of Appeals... the SCoCA is generally moderate to conservative, and gave us Janice Rogers Brown.
Thank goodness! But again, why does this have to go all the way up to the State's supreme court? Common sense needs to be re-instituted back into the court system so that stupid lawsuits like this get thrown out at the lowest level. You know damn well you could get hit by a ball when playing baseball. There's nothing to discuss or debate.
Your correct I did think of the 9th circuit. My bad.
A lawyer and his client failed to cash in. The lawyer will keep trying, no doubt.
Everyone at the start of a ballgame always ask this guy if he has a good view - they sing out: Jose can you see?
Only a complete ass would sue in a case like this!
"The lawyer will keep trying, no doubt."
Next up...federal court claiming civil rights violations because he is Hispanic....
Or some other nonsense.
At least the SC sounds like it had a sense of humor...Yogi Berra? LOL!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.