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

Mental Health: Erasing stigma leads to new path for Victoria woman

Paula Roumeliotis struggled with bipolar disorder for 35 years before finding support

COVID-19: UVic Engineering to 3-D print 4,000 face-shields for frontline workers

Team working to ensure Island health care workers have personal protective equipment

Health care workers gain access to virtual health care options

During COVID-19 many clinics have closed, leaving health care workers with nowhere to turn

West Shore RCMP investigates bank robbery in Langford

People asked to stay clear of incident near Jacklin Road and Kelly Road

Trudeau rejects mandatory stay-at-home order for now; COVID deaths up

The virus has now infected more than 10,000 Canadians and cost 130 their lives

POLL: Will you be able to make your rent or mortgage payment this month?

With the COVID-19 delivering a devastating blow to the global economy, and… Continue reading

Tax collectors, auditors to help field ‘historic’ numbers of benefit-seeking callers

‘If you work for CRA, people think we are just there to take money from your pockets.’

Family uses social media to help truckers find places to eat during pandemic

Restaurants Serving Drivers in Western Canada seeks to provide a list of places open for drivers

Advocates sound alarm over COVID-19 limiting access to contraceptives, abortion

The COVID-19 outbreak has hit sexual-health services from almost every angle

Cowichan couple won’t self-isolate after returning from overseas

New law requires 14 days of self-isolation when returning to Canada

B.C. health officer says homemade masks may prevent spread of COVID-19 to others

Practising physical distancing, frequent hand washing and resisting touching your face are proven methods

B.C.’s senior home staff measures show results in COVID-19 battle

Dr. Bonnie Henry’s order restricts care aides to one facility

Independent investigation praises RCMP actions in Vancouver Island suicide attempt

Man hurt in incident that took place near Nanoose Bay in September of 2019

Most Read