Sanchez v. Hillerich & Bradsby Co.
California Court of Appeals for the Second District
128 Cal.Rptr.2d 529 (2002)
College pitcher Andrew Sanchez (plaintiff) was struck in the head by a line drive hit off an aluminum bat, the Air Attack 2, made by Hillerich & Bradsby (H&B) (defendant). Sanchez sued, alleging the bat's design increased exit-ball speed enough to substantially raise the risk that pitchers would be hit before they could react; he presented testimony from the bat's own designer describing that increased risk, evidence that H&B's president had discouraged discussing safety concerns publicly, and expert testimony calculating that the ball reached Sanchez in less time than the minimum reaction time accepted by the NCAA. The trial court granted H&B summary judgment for lack of proof the bat itself caused Sanchez's injury.
Whether a plaintiff bringing a products-liability tort suit must establish that the allegedly defective product caused the plaintiff's injuries.