The plaintiff was injured when struck in the eye by a baseball during an adult recreational slow-pitch league game.
He sued the municipality, the league, and the player who threw the ball, alleging the municipality failed to properly align the field lights, causing him to lose sight of the ball.
The court found that while the liability waiver signed by the plaintiff did not apply because it was restricted to tournaments rather than league play, the municipality did not breach its duty of care under the Occupiers' Liability Act.
The court held that the municipality acted reasonably in releasing the field for play given the practical difficulties of adjusting lights in early spring.
Furthermore, the court concluded that the plaintiff, an experienced player, voluntarily assumed the physical and legal risks of playing baseball under the lights, providing a complete defence to the claims.
