In what circumstances will a plaintiff who was struck in the eye by a baseball ball during a school lunch break be able to play catch?
British Columbia, Canada
The following excerpt is from Wilson v. Haddock, 1998 CanLII 5105 (BC SC):
In Plumb v. Cowichan School District No. 65, [1995] B.C.J. No. 3709, six boys in grade nine ate their lunch together outside on the school grounds. Two of them, including the plaintiff, did not have their baseball gloves and so they laid down on the grass near where the other four formed a rough square to play catch. On other days the plaintiff had engaged in this game and understood therefore how it was played, which included throwing the ball in a clockwise direction. During this game one of the boys threw the ball to another but it was wide of the mark, took one bounce and struck the plaintiff in the eye. The ball was an ordinary hardball.
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