Eighteen-year-old Brandon Patch was pitching in an American Legion baseball game when he was struck in the

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Eighteen-year-old Brandon Patch was pitching in an American Legion baseball game when he was struck in the head by a batted ball hit by a batter using a model CB-13 aluminum bat made by Hillerich and Bradsby. Balls hit by aluminum bats travel at a much higher velocity than balls hit using a traditional wooden bat, thereby increasing the necessary reaction time of the infielders. Brandon died from the injury he received when hit by the ball, so his parents sued the Hillerich and Bradsby Company for failure to warn Brandon of the alleged defect in the bat (the increased speed of balls hit by it). The company argued that there was no defect and that the company had no duty to warn a non-user of the bat. The jury found a failure to warn on the part of the company and awarded the plaintiffs $850,000. Defendant appealed. How do you think the appellate court ruled, and why? Patch v. Hillerich & Bradsby Co., 257 P.3d 214 (2011).
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The Legal Environment of Business A Critical Thinking Approach

ISBN: 978-0134074030

8th edition

Authors: Nancy K. Kubasek, Bartley A. Brennan, M. Neil Browne

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