A family is challenging the Greater Vitoria School District over a Lambrick Park baseball academy incident that occurred in the indoor soccer field of Oak Bay Recreation Centre on Oct. 25, 2018. (Travis Paterson/News Staff)

Family of Lambrick baseball student files claim against school district for severe injury

School district claims students at fault for injury involving pitching machine

The family of a student in Lambrick Park secondary’s baseball academy has filed a civil suit against the Greater Victoria School District over a 2018 incident with a pitching machine that caused a severe head injury.

Filed in June, the suit claims that on Oct. 25, 2018, the plaintiff, a male Lambrick baseball academy player who is now 16, was setting up batting equipment with another student in the Oak Bay Recreation Centre.

The Lambrick baseball program uses the covered facility during the fall and winter months for indoor training, including hitting off of pitching machines.

The claim alleges that another student released a ball into the pitching machine and the ball accidentally struck the plaintiff in the head.

READ MORE: Watch three high school baseball players from Saanich invited to Florida scouting tournament

A CT scan on the plaintiff diagnosed a skull fracture, brain hemorrhage and severe concussion, according to the claim.

The civil suit claims the school district is guilty of negligence in failing to mitigate the risk of brain injury.

The claim asks for financial compensation for damages, as well as wage loss and cost of care the family incurred during recovery. It also says no student enrolled in the program “was told to wear a helmet, nor were they provided helmets, or monitored for their use.”

“There was not adequate staff or supervision present at the premises when the accident occurred,” the claim states.

In its court-filed response, the Greater Victoria School District denies wrongdoing.

The district’s response says the plaintiff, “contrary to prior instruction, entered the batting cage area while [another student] was lining up the pitching machine to ensure the balls were crossing home plate.” It was during this time a ball “collided with the plaintiff.”

The district also claims that the plaintiff and the other student failed to follow instructions and “failed to ensure that no person was within, or about to enter, the trajectory of the pitching machine prior to loading the pitching machine with a ball.”

None of the plaintiff’s allegations or defence claims have yet been proven in court. A hearing date has not been set.

reporter@oakbaynews.com

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

One dead as fish boat sinks off southern Vancouver Island

Shawnigan Lake-registered Arctic Fox II went down off Cape Flattery, west of Victoria

Saanich council seeks more information after hearing Uptown-Douglas plan

Council asks for further reports on economic, housing, transportation plans for corridor

Three active COVID-19 cases on Vancouver Island

Since July 24, Central island has had five new cases, North one, South none

Victoria police seize replica handgun and bullets

Unrelated call leads police to functional replica

Flaming object thrown through Victoria restaurant window

Police looking for any witnesses to early-morning incident

Man, 54, charged in connection with fatal attack of Red Deer doctor

Doctor was killed in his walk-in clinic on Monday

Landlord takes front door, windows after single B.C. mom late with rent

Maple Ridge mom gets help from community generosity and government

42 more people test positive for COVID-19 in B.C.

The province has recorded no new deaths in recent days

Joe Biden selects California Sen. Kamala Harris as running mate

Harris and Biden plan to deliver remarks Wednesday in Wilmington

Lawsuit launched after Florida child handcuffed, booked and briefly jailed

Suit alleges “deliberate indifference” to what should have been handled as a behavioural issue

Russia approves vaccine, Putin hopes to begin mass production

Critic calls decision to proceed without thorough testing ‘dangerous and grossly immoral’

Doctor slain in Alberta medical clinic was devoted father, husband

Red Deer doctors on edge after attack on colleague who had two young daughters

Feds offer ‘life preserver’ funds to BC Ferries as pandemic sinks revenue

For every dollar the province spends the federal government will match

Most Read