Member of the American College of Forensic Examiners Plaintiff was a member of the Bayside Little League. On June 11, 1987 he rode his bicycle to Little League practice with a friend. The team had been notified by the coach/manager that the practice would take place at "Golden Park", a subdivision of Crocheron Park, in Bayside, New York at approximately 5:00 p.m. When the team arrived for the practice the field they normally used was occupied by other players. The coach decided to hold practice in the valley behind Valley Field and instructed the players to go to this field. The team biked or walked to this area while the coach and his son unloaded the equipment and brought it to the designated area. In the meantime, the players began warming up by getting in rows and playing catch with other players . There were approximately five groups of players warming up and the players were positioned parallel to each other. The plaintiff played catch with his friend for approximately ten (10) minutes and then proceeded to the sideline in between third base and home plate. The plaintiff recalled someone yelling, "Take your positions". At that point the players began to take their positions on the field. The plaintiff was the second baseman. In order to take his position, he had to cross between the pitching mound and the catcher. As he crossed this area, he was violently struck on the left side of his head with a hard ball thrown by an individual who was not a member of the plaintiff's team. According to the Bayside Little League rules and regulations, non-team members were prohibited from participating in games or practices. However, this individual had been notified about the practice and was participating in this practice with he knowledge and consent of the coach/manager.
The coach/manager did not summon any medical assistance but instead instructed the plaintiff to sit under a tree. He finally transported the plaintiff to his home with the assistance of the plaintiff's friend. During this entire period the plaintiff was experiencing excruciating pain and vomiting. The next morning the plaintiff's mother took him to the doctor's office and he was admitted to the hospital for over a week. He sustained permanent loss of hearing in his left ear and experienced problems with his equilibrium. Dr. Leonard K. Lucenko, baseball safety and risk management expert, testified that in his opinion, the coach's supervision, safety and protection provided for the Little League players before the practice session and the post-injury care provided to the plaintiff were ineffective, improper and contrary to the rules of Little League. Under the rules of Little League Baseball, the coach/manager was responsible for the supervision and safety of the team. This included supervising the baseball team while they playing catch during warm-up. The coach/manager was not supervising the team during this period. In addition, according to the Little League Safety Code, "only players, managers, coaches, and umpires are permitted on the field during play and practice sessions. According to the opinion of Dr. Leonard K. Lucenko, the coach/manager disregarded this important part of the Safety Code and improperly permitted an individual who was not a team member to participate in that day's practice. The actions of the coach/manager deviated from reasonable standards of conduct of Little League Baseball practices and were grossly negligent. Verdict for the Plaintiff, $5.5 million. Ira Boshnack, individually, and Jared Boshnack, an infant over the age of 14 years, by Ira Boshnack, his father and natural guardian v. Little League Baseball, Inc., Little League Association of Bayside, et al.
