Tag Archives: mask
A federal appeals has affirmed a jury’s decision in a products liability case, which found a manufacturer liable for the concussion suffered by a baseball umpire.
In so ruling, the panel of judges disagreed with manufacturer’s contention that the plaintiff’s evidence was faulty, the judge should have instructed the jury on the doctrine of assumption of risk, and that there was insufficient evidence supporting verdict.
The injury in question occurred in 2005 when the umpire was struck in the mask by a foul-tipped ball, causing a concussion and other injuries.
(The full summary of this judicial opinion will appear in the March issue of Concussion Litigation Reporter. Learn more about CLR here: https://concussionpolicyandthelaw.com/subscribe/)
Photo by Tim Hipps
The incident occurred in 2009 at the new Yankee Stadium when plaintiff Ed Hickox was struck in the mask by a foul ball. Hickox initially stayed in the game, but left a couple innings later.
In his complaint, Hickox claimed that he suffered a concussion and left ear injury and did not return that season. He further alleged that his mask was “cracked into pieces upon impact and didn’t protect an umpire in the way it is reportedly designed to do.” Interestingly, Hickox won a judgment against Wilson two years earlier for $775,000 for a similar incident.