Please fill out the form below and we will get back to you shortly.

Howard B. Cohen, Esq.
David H. Elibol, Esq.
Harry J. Forrest, Esq.
And the Law Firm of :
Gross Shuman Brizdle
& Gilfillan P.C.
465 Main Street, Suite 600
Buffalo, NY 14203
tel: 716.845.4300

For more info about our firm, go to www.gross-shuman.com

The Town of Tonawanda implemented new, strict helmet rules at Brighton Park’s batting cages after a freak accident left a 46-year-old man with serious vision damage in one eye.

 

In June 2004, a patron of the batting cages suffered fractures to his left eye socket and nasal bone when a ball pitched by his machine ricocheted off of a ball hit by another patron.

 

The man filed a lawsuit against the town and its Youth, Parks and Recreation Department for failing to heed repeated notices by the batting cage manufacturer regarding the  importance of helmets with face protection.

At the time of the accident, such helmets were not required. But after the man filed a lawsuit that cost the town $450,000 in damages,  town officials decided to implement a rule requiring patrons to wear helmets with face guards.

 

“If they take them off, we can turn the machine off from the booth,” said Daniel J. Wiles, director of the Recreation Department. If they take them off a second time, “we turn it off and don’t reimburse them.”

 

Injured in an accident? Contact our firm today to learn more about your legal rights and options.