Lawsuit tied to softball injuries gets dismissed

MUSKEGON, Mich. (AP) -- The Michigan appeals court has ruled in favor of a man who accidentally struck a young Muskegon County girl in the face with a softball during practice.

Emily French lost at least four teeth and had her jaw wired shut after being hit by a line drive while on the pitcher's mound in 2008. She was 10 at the time.

John MacArthur was a parent volunteering at practice. He was trying to hit the ball to the outfield but hit Emily instead. The appeals court says MacArthur may have been negligent but his conduct wasn't reckless -- a key standard under Michigan law.

Emily's lawyer Geoffrey Nolan says he was suing MacArthur for medical bills. He says the girl's future medical needs are estimated at $25,000.

Published: Fri, Jul 22, 2011

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