America’s new favorite pastime? Frivolous lawsuits!
SAN FRANCISCO (Reuters) – A player hit by a pitch during a college baseball game in California has struck out in his effort to win damages over the incident.
California’s top court ruled 6-1 against a lawsuit by Jose Avila, a student at Rio Honda Community College, who was struck by a pitch in a 2001 game against Citrus Community College. Both schools are in Southern California.
“For better or worse, being intentionally thrown at is a fundamental part and inherent risk of the sport of baseball,” the court wrote. “It is not the function of tort law to police such conduct.”
“Being intentionally hit is likewise an inherent risk of the sport, so accepted by custom that a pitch intentionally thrown at a batter has its own terminology: ‘brushback,’ ‘beanball,’ ‘chin music.'”
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