Little League Baseball has joined a bunk bed maker to ask a judge to dismiss a lawsuit over a Utah Little Leaguer suffering critical head injuries when he fell from the top bunk in a dormitory at the Little League World Series in August.
The sports organization joined John Savoy and Son Inc. of Montoursville, the manufacturer of the bunk bed, to have the case transferred from Philadelphia to Lycoming County if it is not dismissed, according to PennLive.com.
The suit was filed by the parents of Easton Oliverson, 12, who fell out of the bed on Aug. 15. The parents claim it was negligence on Little League’s part and Savoy manufactured a defective bed.
The lawsuit is in the Philadelphia Court of Common Pleas.
Little League’s response claims the court complaint contains open-ended, general averments of negligence that fail to plead facts to adequately describe specific acts or omissions, according to the media outlet.
Without more specific allegations Little League says it will be prejudiced in its ability to prepare a defense. It is Little League’s position that if the complaint is not dismissed, the Oliversons should be ordered to re-plead their allegations with more specific facts, PennLive reported.
Both defendants argue the negligent infliction of emotional distress claim by the father, Jace, added as an individual defendant in an amended complaint, is legally insufficient and should be dismissed.
Adam Savoy, the firm’s vice president, previously said the company recommends the use of guard rails and ladders for safety reasons when beds are bunked or lofted.
Two warning labels are affixed to each bed recommending the use of guard rails and ladders to any bed bunked or lofted, he said.
The suit seeks unspecified compensatory and punitive damages in excess of $50,000, Pennlive stated.
The Link LonkOctober 26, 2022 at 01:33PM
https://news.google.com/__i/rss/rd/articles/CBMibWh0dHBzOi8vd3d3LnN1bmdhemV0dGUuY29tL25ld3MvdG9wLW5ld3MvMjAyMi8xMC9saXR0bGUtbGVhZ3VlLWpvaW5zLWJlZC1tYWtlci1pbi1hc2tpbmctbGF3c3VpdC10by1iZS1tb3ZlZC_SAQA?oc=5
Little League joins bed maker in asking lawsuit to be moved - Williamsport Sun-Gazette
https://news.google.com/search?q=little&hl=en-US&gl=US&ceid=US:en
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