Canada Woman sues Barrhaven slo-pitch league for $1M

19:20  17 july  2017
19:20  17 july  2017 Source:   Ottawa Citizen

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It was the day slo - pitch in Barrhaven turned ugly, when scoring a run for an out-of-control runner meant bowling over the catcher at home plate, leaving her with permanent injuries, according to a $ 1 -million lawsuit against the baserunner and a slo - pitch league .

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It was the day slo-pitch in Barrhaven turned ugly, when scoring a run for an out-of-control runner meant bowling over the catcher at home plate, leaving her with permanent injuries, according to a $1-million lawsuit against the baserunner and a slo-pitch league.

In a statement of claim against Robert Lambert and the Barrhaven Mixed Slo-Pitch League, Sharlene Bagshaw charges that the player “carelessly and recklessly placed a greater importance on scoring a run in a recreational game than he did on the plaintiff’s safety and health.”

The mixed league is non-competitive and, unlike baseball or softball, players don’t score runs by touching home plate, but rather by crossing a “safety line” off to the side. The safety-line rule is specifically designed to avoid collisions between the catcher and baserunners.

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But, the claim alleges, Lambert instead ran straight at Bagshaw, who was standing on home plate in what she thought was “a position of safety” during a game on June 26, 2015. Bagshaw was knocked backward in the air, with her back hitting the ground first, then the back of her head twice, causing severe injuries, according to the claim.

The allegations of negligence against Lambert include:

  • He engaged in violent reckless conduct against a woman;
  • He engaged in an aggressive manner inappropriate for co-ed slo-pitch;
  • He knew or ought to have known that contact was prohibited;
  • And he had no control over himself and was impaired by the use of drugs and/or alcohol.

As a result of the home-plate collision, Bagshaw, according to the claim, suffers from a long list of serious and permanent injuries, including: concussion, whiplash, dizziness, headaches, exhaustion, noise sensitivity, loss of balance, problems concentrating, memory loss, and neck and back pain.

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The collision has left her unable to work and the claim notes that her enjoyment of life will suffer indefinitely. 

Bagshaw has also named the Barrhaven slo-pitch league as a defendant in the lawsuit, which claims the league failed to ensure the rules of play, and the safety of the plaintiff, and that it failed to properly investigate other prior instances involving Lambert or his team.

The slo-pitch league, represented by Frances Shapiro Munn of Nelligan O’Brien Payne, has filed a notice of intent to defend. Lambert has yet to file a statement of defence.

None of the allegations have been proven in court.

gdimmock@postmedia.com

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