This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Dec. 13, 2001

Personal Injury (Non-Vehicular)
Premises Liability
Dangerous Condition

Confidential

Settlement –  $335,000

Judge

Peter J. Meeka

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Vincent A. Ammirato

Thomas P. Cacciatore
(Law Office of Thomas P. Cacciatore)


Defendant

Patrick E. Whalen

Michael C. Kellar
(Robinson & Keller)

Dirk M. DeGenna


Experts

Plaintiff

Randolph Betts
(medical)

Craig Cunningham
(technical)

Damian G. Curran
(technical)

Sohiel Samimi
(medical)

Defendant

Edward K. Takahashi
(technical)

Facts

On July 26, 1998, the plaintiff was playing baseball with a sponsored league, defendant National
Adult Baseball Association, at West Covina High School. Plaintiff was wearing steel cleats. He
attempted to catch a ball by running back in a normal fielder fashion, keeping his eye on the ball.
He tripped on a raised asphalt berm and drainage ditch that was within the perimeter of the
fence. The berm and ditch were unnatural and unexpected conditions on a baseball field not
readily apparent to a player in left field. Normally, baseball fields either have grass all the way to
the fence, or a dirt warning track along the fence to warn fielders they are approaching the fence.
Here, the raised berm with a slightly downward slope presented an artificial hazard to players
and an asphalt strip that would cause baseball cleats to slip.

Injuries

The plaintiff had four arthroscopic surgeries to correct knee injuries. The plaintiff had pre-existing Osgood- Schlatters, which defendants claimed caused additional injuries.

Other Information

An arbitration was held before Sam Cianchetti of IVAMS.


#110213

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390