HIGGINS v. PFEIFFER

Docket No. 169855.

215 Mich. App. 423 (1996)

546 N.W.2d 645

HIGGINS v. PFEIFFER

Michigan Court of Appeals.

Decided February 9, 1996, at 9:15 A.M.


Attorney(s) appearing for the Case

Lakin, Worsham & Victor, P.C. (by Larry A. Smith), for Jesse Higgins.

Still, Nemier, Tolari & Landry, P.C. (by Mark R. Johnson), for Brian Pfeiffer.

Morrison, Morrison & Finley (by Gregory W. Finley), for David and Robert McCullough.

Before: MICHAEL J. KELLY, P.J., and SAWYER and D.R. FREEMAN, JJ.


SAWYER, J.

In this personal injury action, plaintiff Jesse Higgins and defendants Brian Pfeiffer and David and Robert McCullough were members of an amateur baseball team participating in an organized league. After plaintiff, along with other fielders, had warmed up on the playing field, he went to the dugout to await the start of the game while the opposing team went through its warm-up routine.

Defendant Pfeiffer, the pitcher, continued to warm up, but yielded...

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