Hawkins Parnell Secures Defense Verdict in California Batting Cage Injury Trial
March 31, 2026 (Santa Ana, CA) - Hawkins Parnell's Orange County, California, office secured a unanimous defense verdict on behalf of The Hitting Zone Baseball Academy, a local batting cage facility, following a six-day jury trial in the Orange County Superior Court. Lead trial counsel Jerry Popovich and partner Nicole Barilla tried the case for Hawkins Parnell's client.
The case arose from an incident in which the plaintiff was struck in the left eye by a baseball traveling approximately 75 mph while collecting loose balls inside a batting cage. He sustained upper and lower orbital fractures, retinal damage, and trauma-induced glaucoma, resulting in multiple surgeries, headaches, and permanently impaired vision in the left eye.
At trial, the plaintiff argued that the pitching machine spontaneously discharged the ball while not operating. The defense established that the machine had been cycling throughout and had run out of baseballs. While the plaintiff rolled loose balls toward his fiancée's teenage grandson near the machine, the grandson loaded baseballs into the hopper, causing the machine to deliver the pitch that struck the plaintiff.
In a key trial ruling, the court applied the doctrine of primary assumption of the risk, finding that the plaintiff was engaged in a sporting or recreational activity when he entered the cage. Under that standard, the plaintiff could only prevail by proving The Hitting Zone unreasonably increased the inherent risks of the activity. The jury returned a unanimous verdict in favor of Hawkins Parnell's client after 30 minutes of deliberations.
About Hawkins Parnell & Young
Hawkins Parnell & Young is a national defense litigation firm that has represented many of the largest and most well-known companies in high-risk litigation and business disputes. The 250-strong litigation team works with clients to develop winning defense strategies and, if necessary, try cases to verdict in all 50 states.
