Carol and Gary Allen v. Dover Co-Recreational Softball League & a. Strafford No. 2001-457
Briefed by Elizabeth Taylor
Submitted: July 26, 2002
Opinion Issued: September 30, 2002
Basic Facts of the Case:
The plaintiffs, Carol and Gary allege that on September 13, 1998, Carol Allen was injured while participating in a recreational softball game, while she was running to first base. She was hit in the head by the shortstop of the opposing team. This game was an adult and slow pitch softball tournament. The teams that were playing in this tournament were part of the Dover Co-Recreational Softball League, (league) and were sponsored by the Amateur Softball Association Inc. (ASA). The games were played on a softball field that was owned by defendant Martel-Roberge American Legion Post #47 (American Legion). The teams were sponsored by defendant Daniel’s Sports Bar and Grill (Daniel’s) and defendant Thompson Imports (Thompson) who also provided t-shirts for the players. Defendant Bollinger Fowler Company (Bollinger) provided liability insurance for the league, ASA, the American Legion, the Daniel’s team and the Thompson team. The plaintiff was playing for the Daniel’s team, and was using a smaller softball made for women to be able to hit more competitively when playing with men, this was an official rule set forth by the ASA. The defendants did not recommend, require, or provide the use of helmets. The ASA official rules are that there be five men and five women for each team, this game consisted of seven men and three women on each team. When Carol Allen was batting for the first time, she hit a ball towards the shortstop. The male player for the Thompson team threw the ball toward first base in order to get the runner Carol Allen out, but instead the ball struck Carol in the head. This caused her cognitive deficiencies including impaired speech. Issues raised in the Case:
The plaintiff Carol Allen alleged at the time of the injury the smaller ball...
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