SANCHEZ v. HILLERICH & BRADSBY CO.

No. B156333.

128 Cal.Rptr.2d 529 (2002)

104 Cal.App.4th 703

Andrew SANCHEZ, Plaintiff and Appellant, v. HILLERICH & BRADSBY CO, et al. Defendants and Respondents; National Collegiate Athletic Association, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

Review Denied March 26, 2003.


Attorney(s) appearing for the Case

Lowthorp, Richards, McMillan, Miller, Conway & Templeman, Alan R. Templeman, Oxnard, Dean W. Hazard; Lascher & Lascher, Wendy Cole Lascher, Ventura, for Plaintiff and Appellant.

La Follette, Johnson, De Haas, Fesler, Silberberg & Ames, Peter J. Zomber and David J. Ozeran, Los Angeles, for Defendant and Respondent Hillerich & Bradsby Co.

Wilson, Kenna & Borys and Lawrence Borys, Los Angeles, for Defendants and Respondents Pacific-10 Conference and University of Southern California.

Miller, Canfield, Paddock & Stone, Frederick R. Juckniess; Call & Jensen, Wayne W. Call, Newport Beach, and Mark L. Eisenhut, for Defendant and Appellant.


HASTINGS, J.

Appellant Andrew Sanchez, a pitcher, was seriously injured when struck by a line drive hit by an aluminum bat. He filed suit against the bat manufacturer and others alleging that the design and use of this particular bat significantly increased the inherent risk in the sport of baseball that a pitcher would be hit by a line drive. Defendants moved for summary judgment asserting primary assumption of the...

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