News

The Herald, Thursday, April 22, 1999

"Woman awarded $2.5 mil 1993 warmup pitch caused injuries"

from Herald Wire Services

A woman struck in the face by a wild warmup pitch at a Marlins game was awarded $2.5 Million by a jury for injuries that left her with lingering headaches and concentration problems.

Linda Postlethwaite was injured by an errant pitch from former Philadelphia reliever Mitch Williams, who was warming up in the bullpen during a Phillies-Marlins game Aug 8, 1993.

Ms. Postlethwaite, 48, actually will receive $972,000 from Tuesday's verdict. Additional money will come from confidential settlements reached with the Marlins, former Marlins owner Wayne Huizenga and stadium designer HOK Sports.

Only the settling parties and their lawyers know if their deals were more or less favorable than the money they would have had to pay toward the jury verdict, said Bob Kelley, Ms. Postlethwaite's attorney.

The jury found Huizenga most to blame, at 36.5 percent, followed by Robbie Stadium Corp. at 31.5 percent, Kelley said. The Marlins were deemed 27.5 percent responsible and the Phillies 4.5 percent. Williams and HOK Sports were assessed no responsibility.

Williams, nicknamed "Wild Thing" for his lack of control on the mound, was warming up in the eighth inning when he threw a pitch that sailed into the stands. It struck Ms. Postlethwaite between the eyes and sent her to the hospital with a broken nose.

More than five years later, the former PaineWebber stockbroker still has headaches and problems with her concentration, Kelley said. "She hasn't worked since the accident," he said.

Testimony during the nine-week trial showed that a week before the game, the net over the bullpen was lowered so it wouldn't block fans' views.

Someone from the Marlins' front office ordered the net reduced from 13 feet to 10 feet, then Huizenga ordered it down to 8 feet, according to an architects' memo, Kelley said.

Ms. Postlethwaite, sitting in a club seat near the Phillies' bullpen on the third-base side, was not protected by the net.

The Robbie company will owe Ms. Postlethwaite $850,500, and the Phillies will owe her $121,500, for a total of $972,000. If they stayed in the case, Huizenga would have had to pay approximately $985,500, and the Marlins would have owed about $742,500.

Messages left for defense attorneys were not immediately returned.

Sheldon J. Schlesinger, P.A. represents clients throughout the state of Florida including the cities of Boca Raton, Boynton Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie, Deerfield Beach, Delray Beach, Fort Lauderdale, Hialeah, Hollywood, Jupiter, Lake Worth, Miramar, Miami, Oakland Park, Palm Beach, Palm Beach Gardens, Palm Springs, Pompano Beach, and Rivera Beach

Broward County • Miami-Dade County • Palm Beach County