Vic: School baseballer loses damages action

AAP General News (Australia)
12-23-1999
Vic: School baseballer loses damages action

MELBOURNE, Dec 23 AAP - An exclusive Melbourne girls' school was today cleared of responsibility
after a pupil was hit in the face playing baseball.

Louise Coldham, 18, sued the St Catherine's girls school in Toorak after she was hit
in the face during baseball practice on March 24, last year.

Two of her teeth were loosened and she required ongoing dental treatment, Melbourne
Magistrates Court was told.

She was suing the school for $20,000.

Ms Coldham, the team's catcher, claimed the teacher supervising the team practise told
her not to wear a face mask during a training drill.

Ms Coldham was taken to a dentist who placed a splint on her teeth and later performed
root canal treatment, the court heard.

The catcher did not usually wear protective headgear during those drills, the court was told.

Magistrate Malcolm Walter said in his finding that it was apparent that sports played
with bats and hard balls involved an inherent risk of injury.

He said that Ms Coldham had played baseball for more than five years and was a person
approaching adulthood at the time of the incident. She did not require the same level
of supervision as a younger and less experienced player.

Mr Walter found that the supervisor was not in breach of her duty of care in giving
Ms Coldham the advice she did and dismissed the complaint.

AAP cmc/mh/cjh

KEYWORD: COLDHAM

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