Thursday, January 29, 2015

Softball legal pitch Injury Action - Journal Inquirer - Filed by Connecticut Trial Lawyer Jason L. McCoy

Softball legal pitch - Journal Inquirer: Page One



Journal Inquirer, Manchester, CT
By David Huck Journal Inquirer | Posted: December 1, 2014 
 “VERNON — A Glastonbury man has filed a lawsuit against the town in response to a 2012 incident during which someone from an opposing softball team threw a bat at him, causing permanent injury.

The man, Jeffrey Harrington of 377 Woodhaven Road, says the person who threw the baseball bat at him had violated the town’s softball league rules on several previous occasions and that the town was negligent and careless in neglecting to prevent the accident, the lawsuit states.

According to the filing, the incident occurred in July 2012 during a men’s softball league game at a town-owned field at 375 Hartford Turnpike.

The person who threw the bat was Somers resident Jonathan Feigenbaum, who later was charged with second-degree assault and first-degree reckless endangerment.

Harrington contends that during the game Feigenbaum engaged in unsportsmanlike conduct and used profane language — behavior he had previously exhibited.

The Glastonbury man, who was catching during the game, says Feigenbaum became upset with the outcome of a play, slammed a metal bat on the plate, and then flung it backwards. It struck Harrington in the throat, the filing states.

The Town was named in the lawsuit that was filed in August and served on the town clerk.

Representing Harrington is former Vernon mayor Jason L. McCoy.

McCoy argues the town “knew or should have known” of Feigenbaum’s violations and did not eject,
expel, or discipline the player before the incident during which Harrington was injured.


The bat “crushed” Harrington’s trachea — nearly causing him to choke to death — and also resulted in scaring and disfigurement, the filing states.

Among other reasons, McCoy states that the negligence was caused by the town failing to provide adequate supervision, failing to enforce its own rules, failing to provide “wholesome recreational activities for individuals,” and failing to promote good sportsmanship.

Attorney McCoy also states in the filing that town staff failed to eject, expel, or suspend Feigenbaum following previous incidents.

As a result of the incident, Harrington has severe injuries, some of which may be permanent. Harrington “has endured and will continue to endure great mental and physical pain and suffering and may forever be restricted in activities of daily living,” the filing states.

Because of the injuries to his neck, throat, and voice box, Harrington has had to spend “large sums of money” for medical and surgical treatment, medicine, therapy, and other items, according to the claim.

Harrington also has lost time and wages since his “earning capacity has been greatly diminished, impaired, and reduced,” McCoy says. He’s seeking money in excess of $15,000 to cover lost and future expenses.

According to the town’s rules and regulations governing the Vernon men’s softball league for 2012, “unsportsmanlike conduct will not be tolerated” and any player engaging in poor behavior will be suspended or expelled from the league. It further states that “any act of aggression with intent to physically harm another person” will result in suspension or expulsion.”