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Personal Injury (Non-Vehicular)
Sport Accident
Dangerous Condition

Marc Passetti v. Twin Cities Little League, Inc., et al.

Published: May 13, 1995 | Result Date: Apr. 18, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 158005 –  $0

Judge

Peter A. Smith

Court

Marin Superior


Attorneys

Plaintiff

Victor St. Martin


Defendant

Ralph A. Zappala
(Busby & Zappala LLP)


Experts

Plaintiff

Gilbert Kucera
(medical)

Defendant

Carroll J. Krueger
(medical)

Facts

On June 15, 1990, Plaintiff Marc Passetti was playing catcher for a senior league baseball game at Redwood High School in Larkspur. The game was one in the season played in Twin Cities Little League's organized baseball league. During the fifth or sixth inning of play, while Plaintiff was catching and there were runners on first and third bases, the offense attempted to double steal. The runner at first base attempted to steal second, while the runner at third attempted to steal home. Plaintiff Marc Passetti, a 15-year-old student, received the ball thrown by the second baseman. Plaintiff caught the ball and attempted to use his left leg to block home plate to prevent the runner from scoring. The runner from third slid into home plate and collided with Plaintiff's left leg which did not "kick out." During the collision, Plaintiff's left leg was fractured. The runner was tagged out. Plaintiff was subsequently taken to Marin General Hospital for treatment.

Settlement Discussions

Defendant contends it offered $5,000 prior to trial and withdrawn after jury selection; and Plaintiff demanded $200,000 prior to trial and reduced to $15,000 after jury selection.

Specials in Evidence

$25,000 yes, unspecified

Injuries

Compound fracture of the left tibia and fibula requiring closed reduction and ongoing physical therapy. Plaintiff also claimed that he lost an opportunity to become a major league baseball player.

Deliberation

2 hours

Poll

not taken

Length

3.5 days


#78454

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