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Bourque v. Duplechin

331 So. 2d 40 (1976)

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Bourque v. Duplechin

Louisiana Court of Appeal

331 So. 2d 40 (1976)

Facts

Jerome Bourque (plaintiff) and Adrien Duplechin (defendant) were members of opposing softball teams. During a softball game, Bourque was playing second base. Duplechin was on first base when his teammate hit a ground ball. Duplechin ran toward second base. The shortstop caught the ground ball and threw it to Bourque, who tagged second base. Bourque stepped off second base toward the pitcher’s mound to throw the ball to first base and execute a double play. The accepted rules and practice of softball required Duplechin to slide into second base. Nevertheless, Duplechin admittedly remained upright to try and block Bourque’s view and stop the double play. After Bourque threw the ball to first base, Duplechin ran at full speed directly into Bourque, and Duplechin’s arm was brought up under Bourque’s chin. The collision occurred about four or five feet away from second base in the direction of the pitcher’s mound. Bourque suffered a fractured jaw and at least seven broken teeth. Duplechin’s conduct was a flagrant violation of the game rules, and he was ejected by the umpire. Bourque sued Duplechin for negligence. The court made factual findings and found Duplechin liable to Bourque. Duplechin appealed, arguing that Bourque was contributorily negligent or assumed the risk of his injury.

Rule of Law

Issue

Holding and Reasoning (Watson, J.)

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