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Court orders new trial in Davenport baseball injury case

News, Sports

June 2nd, 2017 by Ric Hanson

DES MOINES, Iowa (AP) – The Iowa Supreme Court has ordered a new trial in the case of a Muscatine high school baseball player who was injured when he was struck in the head by a foul ball during a game in Davenport in 2011.  A jury sided with Spencer Ludman, finding Davenport Assumption High School partially responsible for his injuries and awarded him damages in excess of $1 million.

However, the Supreme Court on Friday concluded the trial judge should have allowed the school to present evidence that its dugout was of standard design and construction for high schools and that the jury should hear testimony about whether Ludman had a responsibility to be on the lookout for a foul ball.

The court ordered the case returned to Scott County for a new trial.