Weber Gallagher obtained a defense verdict in a five-day trial before Judge Louis Sceusi in Morris County Superior Court.
Weber Gallagher represented a local Morris County Little League Baseball client sued for personal injuries by a game participant for allegedly allowing a dangerous condition to exist on the field. The plaintiff was rounding first base after a hit and alleged that his cleat became caught under a raised section of first base, which was known to have existed for an extended period of time prior to plaintiff's accident. The plaintiff sustained a fractured pelvis, which required surgery.
It was established that the Little League was a charitable organization entitled to immunity for ordinary negligence under the New Jersey Charitable Immunity Act (N.J.S.A. 2A:53A-7 et seq) and that a number of observations of the field had been made before the plaintiff's tournament game by Borough and League officials, coaches, players and umpires with no notice of any unsafe condition found. Only the gross negligence issue was therefore submitted to the jury, which found that the Little League was not grossly negligent.
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