Kai Kopp v. City and County of San Francisco, SF Latin Baseball League and Does 1-30
Published: Jan. 17, 2020 | Result Date: Oct. 18, 2019 | Filing Date: Jun. 22, 2018 |Case number: CGC-16-551183 Settlement – $40,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Paul L. Alaga
(Bryant Law Group)
Edward M. Higginbotham
(Law Office of Edward M. Higginbotham )
Defendant
Hunter W. Sims III
(Office of the San Francisco City Attorney)
David F. Beach
(Perry, Johnson, Anderson, Miller & Moskowitz LLP)
Facts
Kai Kopp filed suit against the City and County of San Francisco and SF Latin Baseball League in relation to an incident in which he collided with metal fencing surrounding a light pole in the foul area of the Crocker Amazon Park while trying to catch a fly ball during a baseball game on June 28, 2015.
Contentions
PLAINTIFF'S CONTENTIONS: Kopp contended that he was playing baseball as a member of a team within the SF Latin Baseball League, when he attempted to chase down a fly ball going along the first base side of the field in foul territory. Kopp claimed that the umpire did not call the play dead, so he chased after the ball and ran into metal fencing that surrounded a light pole in the foul area. Kopp alleged that there was no warning track or padding on the fencing despite its close proximity only 50 feet from first base. As such, Kopp argued that placement of the light pole and surrounding fencing was placed at such close proximity to the playing field that it posed an extreme danger to players. Kopp alleged that the League was responsible for organizing games and it was agreed upon that the umpire would call the play dead if the ball flew within the vicinity of the foul pole and fencing at issue to avoid a collision such as the one Kopp suffered. Kopp asserted causes of action for dangerous condition on public property against the City and County, and negligence and negligent supervision, training, and hiring against the League.
DEFENDANTS' CONTENTIONS: Defendants denied the allegations.
Injuries
Kopp contended that he suffered significant permanent injury, including brain injury, as a result of colliding with the fencing.
Result
The City and County of San Francisco agreed to pay $40,000 to Kopp to settle his claims against it.
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