Defendant Taking Practice Swings Protected by Assumption of Risk

A California state appeals court has held that a trial court ruled appropriately when it found that a defendant softball player taking a practice swing was protected by the assumption of risk doctrine when her swing injured another player, the plaintiff.   The incident leading to the litigation occurred on March 26, 2003 during a softball game when the defendant Devin Porter was taking practice batting swings in the on-deck area. She accidentally struck plaintiff Kaylee Grisham in the face