X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
In a case that a defense lawyer said could set a national precedent, the Michigan Court of Appeals has overturned a million-dollar verdict against the Detroit Tigers for injuries suffered by a child hit by a baseball bat splinter. Alyssia Benejam, then 6, of West Bloomfield, Mich., was sitting behind a screen near home plate at Tiger Stadium when a shard from a broken bat injured her hand during a game in 1994. In 1998, a Wayne County Circuit Court jury ordered the Tigers to pay Benejam $1 million. The plaintiff’s lawyer, James Elliott, a sole practitioner in Bloomfield Hills, Mich., said the injury had affected movement of the girl’s hand. The Tigers appealed and the court of appeals overturned the award to the girl. Benejam v. Detroit Tigers Inc., No. 96-618356-NI. Elliott said he planned to appeal the latest ruling to the Michigan Supreme Court. He questioned whether the Tigers provided protected seats for all those who wanted them, and said that the court “found new law in 2001 with no basis to do so.” Barbara Erard of Dickinson Wright in Detroit, attorney for the Tigers, said the appeals court found “no case in Michigan directly on point,” and so had to look to laws in other states. The appeals court held that “a baseball stadium owner is not liable for injuries to spectators that result from projectiles leaving the field during play if safety screening has been provided beyond home plate and there are a sufficient number of protected seats to meet ordinary demand.” The court added that the risk of being hit by a bat or ball is “well-known.” Erard said that although the ruling is “limited to baseball, it could be invoked in other contests involving spectator sports.” Elliott said that the “young plaintiff thought she was protected” but that “instead of addressing the issue, the appeals court came up with the limited liability rule.” Elliott has maintained that waivers of liability printed on the back of tickets purchased at sports events are invalid “because most spectators are not aware of the waiver and even if they are, they can’t read it until after they’ve bought the ticket.”

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.