Ludman v. Davenport Assumption High School

High school baseball player Spencer Ludman (plaintiff) was struck in the head by a line-drive foul ball while standing in a five-foot opening in the visiting dugout's fence at Davenport Assumption High School (Assumption) (defendant), fracturing his skull and causing lasting seizures, PTSD symptoms, depression, and behavioral issues; Ludman sued for negligence, alleging Assumption failed to properly protect players in the dugout. Before trial, Ludman successfully moved to exclude Assumption's evidence that other conference schools had similar dugout openings, with the trial court reasoning that because Ludman used expert testimony to establish the standard of care, community custom was irrelevant; Assumption appealed.