Stewart v. D & R Welding Supply Co.

This case concerns a suit by a softball umpire against a player for injuries incurred between innings of a game when a 3 lb. bat ring flew off a bat with which the player was taking practice swings and hit the umpire. The suit was brought in the Circuit Court of Macon County by plaintiff James M. Stewart, the umpire, against defendants Kerry Trimby, the player, and D & R Welding Supply Co., his team’s sponsor. The third amended complaint charged the defendants with wilful and wanton misconduct. Upon motion of the defendants, that complaint was dismissed for failure to state a cause of action.…