Thursday, December 11, 2008

That's a Painful Victory

I got my verdict search update email today and the first case I pulled up was the following:

Premises Liability - Florida
Teen struck by baseball in batting cage awarded $1.16M

A teenager whose testicle was fractured when he was struck by a 60-mph baseball fired from a pitching machine at a batting cage was awarded $1.16 million. Lhyann Felipe, then 19, underwent surgery to repair his testicle. He claimed that a Sluggers of Miami employee asked him to kick balls toward the pitching machine area after a pitching cycle ended. Since the warning light was off, Felipe thought he was safe to walk throughout the cage. Plaintiff's counsel argued that Sluggers didn't have any written maintenance log, checklist, manuals or safety rules in place. Plus, Sluggers knew the machines sometimes pitched balls when the light wasn't on.

Felipe v. Sluggers of Miami Inc.


First of all, let me just say I never want to know what it's like to get hit in the testicles by a 60 mph fast ball. With that said, this news provokes a few questions from me.

1. How in the world did the young man's attorney keep a straight face while saying the word "testicle" probably a thousand times during the course of this trial?

2. How did the jury arrive at a valuation of $1.16 million for the young man's testicle? I did a quick search on eBay to try to find the true valuation, but had no luck.

3. If he had fractured the other testicle too, would he have won $2.32 million?

I guess some things will always remain a mystery.

1 comment:

  1. You have to wonder if at any point he slipped up and said "nuts" or "balls". Maybe even "cajones".

    Gotta admit that since I already have 2 kids and don't get to use them often anyway, I'd seriously consider taking a shot to the jewels for $1.16 mil.

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