CHARLES CITY, Iowa — The Iowa Supreme Court wrestled the issue of risk in high school baseball during a special session Tuesday in Charles City.
Before an audience in the North Grand Building, justices heard oral arguments in the case of former Muscatine High School second baseman Spencer Ludman's case against Davenport Assumption High School.
Ludman, then 18, was hit in the head by a line drive while standing at a gap in the fence of the visitors dugout during a game against Assumption on July 7, 2011.
He had a skull fracture and brain hemorrhage.
A district court jury awarded Ludman about $1 million, which Assumption appealed, arguing that getting hit by a ball is an understood risk of playing the game and that Ludman was well aware of the risk of being hit by a foul ball.
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The testimony in district court found that while Ludman was watching the game, he was not watching Assumption player Brooks Wagner's at-bat and didn't try to take cover until it was too late.
Assumption also argued that it should have been allowed to show evidence at trial about the dugout configuration of other baseball fields, including the one at Muscatine High School, and that jurors should have been instructed to consider Assumption's contention that Ludman failed to keep a "proper lookout" under Iowa law.
The school is seeking to overturn the jury verdict or grant a new trial.
On Tuesday, the seven justices peppered attorney Thomas M. Boes, the school's attorney, and Ludman's attorney Steven J. Crowley, with questions.
While they touched on all issues of Assumption's appeal, many of their questions focused on whether the school had the responsibility to protect Ludman from the inherent risks of playing baseball and how past case law applied to the school's defense.
Justice Brent R. Appel, of Ackworth, cited Cleveland Indians pitcher Herb Score's injury in a 1957 game against the New York Yankees to challenge Boes' contention that limited duty, or the theory that people who knowingly participate in a potentially dangerous sport can't sue the sponsors of the event if they are injured.
"That injury to Herb Score was an inherent part of the game. They were playing the game, Score was throwing as fast as he could, as he was supposed to, and (batter) Gil MacDougald hit it as hard as he could," he said. "So those inherent risks might not be subject to recovery of this court, but this isn't inherent risk because Davenport Assumption had a decision to make, had a choice and that included how much fencing to put up.
Both attorneys had a 15-minute argument before the court. Boes had another five minutes to answer addition questions after Ludman's attorney made his case to the court.
Justices will release a written decision in two to three months.