News

LAWYERS WEEKLY USA, June 28, 1999

"Wild Thing' Williams Beans Spectator with a $2.5 Million Errant Pitch"

By: Rebecca Conklin

A Florida jury recently awarded $2.5 million to a woman who was hit in the head by a wild warm-up pitch at a professional baseball game.

The baseball, thrown by a pitcher nicknamed "Wild Thing," hit Linda Postlethwaite between the eyes, broke her nose and caused a closed head injury, according to Greg Schlesinger, one of the plaintiff's attorneys. Years later, she continues to have headaches and problems her memory and concentration.

Postlethwaite, who was a stockbroker, hasn't worked since the Aug. 8, 1993, incident.

Postlethwaite will collect only $972,000 of the $2.5 million verdict because she reached earlier settlements with several of the defendants. Schlesinger, who says the settlements were confidential, was not at liberty to say whether his client's total will come to more or less than the $2.5 million verdict.

On the day of the accident, Postlethwaite was watching a game between the Florida Marlins and the Philadelphia Phillies at Joe Robie Stadium in Miami. She was sitting behind the Phillies bullpen, where the team's pitchers warmed up.

Schlesinger says a net was strung between the bullpen and the spectator seats to protect fans from off-target pitches.

The net was supposed to be 13 feet high. But during the season it was lowered to 10 feet and then eight feet to give spectators a better view of the field, says Schlesinger.

At a Phillies-Marlins series earlier in the season in Robie Stadium, Philadelphia pitcher Mitch "Wild Thing" Williams noticed the lowered net, the plaintiff's attorney says. Williams, notorious for his wild pitches, told his team that the height of the looked dangerous.

For the game Postlethwaite attended, the net was lowered to just six and a half feet, the plaintiff's attorney says. Williams noticed that the net was too low, but he decided to throw pitches anyway.

As he was warming up in the eighth inning, Williams threw a wild fast pitch to catcher Todd Pratt. The ball flew out of the bullpen, over the net and into Postlethwaite's head, says Schlesigner, who tried the plaintiff's case along with Robert W. Kelley.

Defense attorneys in the case were not available for comment.

Postlethwaite was taken to the hospital with a broken nose. When her problems worsened, she sued Robie Stadium Corp., the Florida Marlins, former Marlins owner Wayne Huizenga, Huizenga Holdings, the Philadelphia Phillies, Mitch Williams, Todd Pratt, the Carlson Fence company and others for placing her in danger and causing her injuries.

The plaintiff settled with stadium's architects and HOK Architectural Group, before the trial, Schlesinger says. The amount of that settlement is confidential.

Settlements reached with several other defendants also were confidential. Schlesinger says he cannot even disclose the names of the settling parties.

According to an Associated Press report on the case, Williams, the Marlins, Huizenga and the architect settled with Postlethwaite.

The case went to trial in April. The plaintiff's attorneys presented evidence of the lowered net, of Postlethwaite's closed head injury and of the lingering problems they alleged it caused.

The jury found Huizenga 36.5 percent responsible for the plaintiff's injuries, Robe Stadium 31 percent responsible, the Marlins 27.5 percent responsible and the Phillies 4.5 percent responsible. The jury also found that Williams and Pratt were not responsible.

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