Hendry v. Fratus, No. 558176 (Aug. 23, 2002)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION ON MOTION TO STRIKE

The defendants have moved to strike all counts of the complaint dated March 20, 2001. They claim that the plaintiff's injury occurred during an athletic contest and that the law in this state bars negligent actions for such injuries.

Actually, the injury did not occur during a game of baseball, but during practice at which time one of the coaches, Jeffrey Fratus, threw a baseball which struck the 13-year-old plaintiff, Trevor Hendry, when the latter was not looking.

The…