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Pretzel & Stouffer Attorneys Obtain Dismissal for Youth Baseball Team

David Bennett and Kelly Kono, recently obtained a final dismissal of a case for two clients, a youth baseball tournament organizer and a youth baseball team, under the contact sports exception.

In Illinois, participants have no duty to avoid negligent conduct while competing in a contact sport such as baseball. During a 14U travel baseball tournament, a collision allegedly occurred between the team’s baserunner and the first baseman resulting in serious injuries to the minor plaintiff.

David and Kelly successfully argued that a collision at first base is the type of accident that the contact sports exception protects. The plaintiff alleged numerous negligent acts occurring before the game in an attempt to bring the case outside of the contact sports exception, including improper set up of the field, maintenance, and not having a second safety first base.

After multiple opportunities to amend the complaint and four motions to dismiss, the court dismissed the case with prejudice.

July 2019