Michael Filler, by His Next Friend, Barbara Mitchell, and Barbara Mitchell v. Rayex Corporation, a New York Corporation

CUMMINGS, Circuit Judge.

In this diversity action, Michael Filler sued to recover damages for the loss of his right eye, and his mother, Barbara Mitchell, sought to recover her expenses for his hospitalization, artificial eye, and physician’s services.

When his injury occurred, Michael Filler was a 16-year-old student at Oak Hill High School, near Marion, Indiana. While he was practicing for a varsity baseball game in the late afternoon of June 10, 1966, fungoes were being lofted to him by a fellow player. Filler lost a fly ball in the sun, although he was wearing flipped-down “baseball…