Heflebower v. Beard CA5
In this personal injury case, the dispositive legal question before the trial court was whether primary assumption of the risk applied as a defense to the action. Defendant Ryan Beard (defendant) lost his grip while swinging an aluminum baseball bat, the bat flew out of his hands and struck plaintiff John C. Heflebower (plaintiff) in the face. Plaintiff brought suit to recover damages for his injuries and the case proceeded to jury trial. At trial, the testimony was in conflict on whether defendant was engaged in a sport activity (versus mere horseplay) at the time of the accident, and on the nature of plaintiff’s relationship to that activity.
Comments on Heflebower v. Beard CA5