Sanchez V. Hillerich & Bradsby Co‪.‬

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 risk and that appellant would be unable to prove causation. The trial court granted summary judgment when it concluded that appellant would be unable to prove that his injuries resulted from the alleged increased risk the particular bat posed to pitchers. We reverse. Appellant presented sufficient evidence to establish that use of this particular bat significantly increased the inherent risk that a pitcher would be hit by a line drive and that the unique design properties of this bat were the cause of his injuries.