By R. Douglas Manning,
Following the New Mexico Supreme Court’s review of “The Baseball Rule” and the remanding of the case to the District Court for trial (see: Sport Litigation Alert, 6/15/2012), the parties involved in the Edward C. vs. City of Albuquerque Baseball Club, LLC, et al., have reached a pre-trial settlement. In 2003, four-year-old Emilio Crespin was struck in the head by a batting practice homerun during pregame warm-ups for the impending AAA baseball contest between the Albuquerque Isotopes and the New Orleans Zephyrs; he and his family were in attendance at a Little League gathering in the left field picnic area of the ballpark. Settled just prior to jury selection on the morning of the scheduled trial, the case had enjoyed a well-documented run through the District, Appellate, and Supreme Court of New Mexico.
While the terms of the settlement remain confidential, attorneys for both sides were confident in their research and approach. The Isotopes’ attorney, Carolyn Ramos of Butt, Thornton, and Baehr, PC, had hoped for the opportunity to contest the liability claims. Disagreeing with the plaintiff’s allegations regarding the extent of the injuries, Ms. Ramos asserted, “We were well prepared and wish we could’ve tried the case” (C. Ramos, personal communication, August 28, 2012). Conversely, the plaintiff’s attorney, Jake Vigil of the Vigil Law Firm, P.A., contended that, “…the Isotopes had misdesigned (sic) a recreational family area in a vulnerable area of the park,” and were unconcerned with fan safety (J. Vigil, personal communication, August 23, 2012). The state of New Mexico will have to wait another day for a jury’s interpretation of the limited duty Baseball Rule and how to balance the equal duty of care owed by owners, operations, and spectators in regards to fan safety.
Manning is a Ph.D. candidate in Sport Administration and a Teaching Assistant within the Department of Health, Exercise, & Sports Sciences at the University of New Mexico. Mr. Manning instructs undergraduate Physical Education courses and includes Risk Management, Sport Law, and Team Culture as his academic interests. In addition to his scholarship and research, Doug also serves as the Volunteer Assistant Coach with the Lobo Volleyball program. For more information, please contact him at rdm7938@gmail.com.
