Facts

On May 31, 2009, at a park located at 701 S. Glassell Street in Orange County, defendant Patrick Napier was driving in his 1986 Chevrolet Silverado on a service road in Hart Park. Napier was pulling a trailer with his pick-up truck and was carrying a small tractor on the rear of the trailer.

As Napier was leaving Hart Park on the service road, he was forced to stop, to allow people to pass through and ensure that his route was clear. After he continued further, he again noticed people in his path. Specifically, Napier saw some kids playing on his left. After waiting for them move, Napier started forward, traveling around 2-3 mph. At that time, plaintiff Leonardo Rodriguez attempted to jump onto the driver's side fender of the trailer while in motion. Napier did not have knowledge of this at the time it happened.

As plaintiff tried to jump onto the trailer, his right foot got stuck under the wheel of the trailer and plaintiff was pulled down and was run over by Napier's side wheel.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Napier and Major League Softball were at fault and the cause of plaintiff's injury. Specifically, plaintiff alleged that Napier, whom was hired by Major League Softball, negligently operated his vehicle, thereby causing injuries to plaintiff.

DEFENDANT'S CONTENTIONS:
The defense contended that Napier was using reasonable care at all times. The defense argued that no amount of care could have prevented plaintiff's injuries, as it was plaintiff himself that jumped onto the trailer and acted negligently. The defense offered the police report and witness statements regarding plaintiff's conduct as proof that Napier was traveling at a low rate of speed, using reasonable care, and that plaintiff jumped out and attempted to climb onto the moving vehicle.

Injuries

Plaintiff sustained internal injuries and significant bruising. Plaintiff also claimed injuries amounting to mental, nervous and physical pain, suffering, anguish, and physical injuries.

Result

The case settled for $50,000 against Napier and $0 against Major League Softball.