Bendix Obtains Dismissal of Personal Injury Lawsuit

January 30, 2017 | Commercial Litigation

Bruce Bendix obtained summary judgment dismissing the complaint against our client, The Rockland Boulders, a minor league baseball team, in an action where plaintiff was injured when he was struck by a foul ball.  Plaintiff claimed that the netting behind home plate did not sufficiently protect spectators.  We contended that pursuant to the stadium lease our client did not own, operate, maintain or control the stadium and did not install or design the netting behind home plate, and therefore did not owe any duty to plaintiff.  Plaintiff contended that because our client occupied the stadium at the time of the incident it owed a duty to him.  The court agreed with our contention that although our client was playing baseball at the stadium at the time of the incident, pursuant to the lease it did not have authority to control the stadium, and therefore it owed no duty to the plaintiff.

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