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Ludman v. Davenport
Citation:
895 N.W.2d 902 (Iowa 2017).Facts
Ludman was standing in the visitor’s team dugout while his teammate was up to bat. He did not believe he would bat in the inning (with his team already having recorded 2 outs), so he began to prepare to take the field. He was standing in the visitor’s dugout, which included a five foot gap in between the fence and dugout which allowed players to enter and exit the field. Having retrieved his glove, Ludman watched as the pitcher threw to home plate. In a “split second,” the batter fouled a line drive which struck Ludman in the head. Ludman was immediately treated for a skull fracture, was hospitalized for 12 days, and needed long-term care for speech therapy and motor skills. He also endured mental health problems, including depression and anxiety after the incident.
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