Patch v. Hillerich & Bradsby Co.

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While pitching in a baseball game, Brandon Patch was struck in the head by a batted ball that was hit using a Hillerich & Bradsby Company (H&B) aluminum bat. Brandon died from his injuries. Brandon's parents sued H&B in strict products liability for survivorship and wrongful death damages, asserting manufacturing and design defect and failure to warn claims. The district court granted H&B's motion for summary judgment on Patches' manufacturing defect claim but denied summary judgment on their design defect and failure to warn claim. The court granted Patches' motion in limine, excluding H&B's assumption of the risk defense. The jury concluded that the bat was in a defective condition due to failure to warn of the enhanced risks associated with its use and awarded Patches an $850,000 verdict on their failure to warn claim. On review, the Supreme Court affirmed, holding the district court properly (1) denied H&B summary judgment, (2) denied H&B's motion for judgment as a matter of law, (3) granted Patches' motion in limine regarding H&B's assumption of the risk defense, and (4) instructed the jury on failure to warn.