Ludman v. Davenport Assumption High School

In this premises liability action, the district court entered judgment finding that a high school’s negligence was responsible for injuries sustained by a high school baseball player after a foul ball struck him while he was standing in an unprotected part of the visitor’s dugout at the high school’s baseball field. The Supreme Court reversed, holding (1) the high school owed a duty of care to the player, and substantial evidence supported the jury verdict; but (2) the district court abused its discretion in not allowing the high school to present evidence of custom and erred when it failed to instruct the jury on the player’s failure to maintain a proper lookout. The court remanded the case to the district court for a new trial. View "Ludman v. Davenport Assumption High School" on Justia Law