(DOWNLOAD) "Jones v. Cobb" by Louisiana Court Of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Jones v. Cobb
- Author : Louisiana Court Of Appeals
- Release Date : January 22, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
In this case, the trial court granted summary judgment dismissing plaintiffs' personal injury suit arising from an accident which occurred in a ""sand lot"" baseball game. A twelve-year-old swung a bat and struck an eight-year-old in the head causing serious injury. Finding genuine issues of material fact, we reverse the ruling of the trial court and remand for further proceedings. Facts Brittany Jones (""Brittany"") was injured on November 3, 1997, after being accidentally struck in the head with a baseball bat. She was participating in a neighborhood ""sand lot"" game on or near property owned by Doug and Janis Cobb. Their twelve-year-old son, Justin Cobb (""Justin""), was batting. Eight-year-old Brittany was standing next to her bicycle somewhere behind home plate, waiting for her turn at bat. Justin's nine-year-old sister, Ginny Cobb, was pitching. A fourth child from the neighborhood, Ryan Smith, age seven, was also present. After Justin swung at the ball, Brittany was struck on the back swing. As a result of getting hit with the bat, Brittany sustained a head injury with a minimal depressive skull fracture, concussion and contusion. She was hospitalized for about a week, half of the time in Intensive Care. Brittany's parents sued Justin's parents to recover that portion of Brittany's medical expenses (estimated to range between $6,000 and $7,000) not covered by their health insurance and damages for Brittany's mental and physical pain and suffering.