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