Scott Egan v. Arthur Clark
United States District Court – Southern District

Facts:

On June 5, 1998, Scott Egan, a 10 year old, was hit in the eye during a pick-up game of whiffle ball at his friend’s house. At the time, Scott Egan was pitching, and the defendant, Arthur Clark, an adult, was at bat with an aluminum little league bat. Scott Egan was approximately twenty-feet from the batter.  When Arthur Clark attempted to swing the bat, it came out of his hand. The bat ultimately struck Scott Egan.

Plaintiff’s position:

Arthur Clark was negligent in permitting Scott Egan, a 10 year old child, to play ball with a metal little league bat and wiffle ball, in carelessly swinging the metal bat too hard, in failing to move the pitcher’s mound an appropriate distance from home plate and in failing to provide proper safeguards to prevent Scott Egan from being injured.

Client’s position:

It is not negligence for a father to engage in a game of pick up ball with his son and son’s best friend in his own backyard, to use an aluminum bat with a whiffle ball-in a pick up game of ball, or to swing an aluminum with medium force an aluminum bat at an outside pitch- where pitcher stationed 30’ away. When he swung at the pitch-lost control of bat. It is regrettable accident-but it is an accident with out fault by defendant. The child also assumed the risk of getting hit with an errant bat during an informal game of ball.

Critical Issues:

Conduct of both parties a question of fact for jury.

Result:

Jury found the defendant was not negligent.