MEDIA – The parents of an 11 year-old girl have brought a lawsuit against a Delaware County municipality and a local baseball league, claiming collective negligence led to their daughter being struck on the head by a foul ball when she was eight months old, leading her to suffer from a number of cognitive injuries.
Tara Dougherty of Havertown and Albert MacMichael of Drexel Hill (parents and natural guardians for minor, M.M.) filed suit in the Delaware County Court of Common Pleas on Jan. 12 versus Upper Darby Township of Upper Darby and Llanerch Hills Baseball and Softball League, of Drexel Hill.
“On April 11, 2010, plaintiff was an eight month-old minor infant being held in her grandfather’s arms while he watched his four year-old grandson on Field 'B' at the Dermond Recreational Complex,” the suit says.
“At the same time and place, while plaintiff’s grandfather was holding M.M., an errant baseball, from the field designed perpendicular to Field “B,” identified by the Llanerch league as the “Majors” League Field, was being used by older players, when a foul ball hit from home plate on the Majors league field was hit in the direction of Field “B,” striking M.M. in the head, resulting in multiple injuries.”
The plaintiffs believe the defendants knew or should have known of the defective conditions of the field designs that could have led to such an accident and failed to correct such defects, including not designing the fields differently to prevent such an instance and not installing safety features such as netting that would have prevented the ball from striking M.M.
“As a direct and proximate result of the aforesaid incident, plaintiff suffered severe and serious injuries which are permanent in nature and include, but are not limited to: Left cerebellar contusion, a contusion to the left occipital region and extracranial hematoma in the left occipital region, which has resulted in long-term cognitive harm, including, but not limited to visual processing deficits, all of which have been and may in the future be the cause of pain, suffering and loss of enjoyment of life,” per the suit.
“As a direct and proximate result of the aforementioned incident and resulting injuries and/or damages, plaintiff suffered and/or suffers and will continue to suffer from physical mental anguish, pain, suffering and/or inconvenience.”
For one count of negligence, the plaintiffs are seeking damages in excess of $50,000, plus costs, interest and a trial by jury.
The plaintiffs are represented by Michael LaRosa of LaRosa Law Firm, in Havertown.
The defendants have not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2021-000210
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com