Baseball trial proceedings to begin

By on July 9, 2010

Family’s lawsuit alleges Elburn sports organization was negligent
by Keith Beebe
ELBURN—The pretrial conference in a lawsuit against the Elburn Baseball and Softball organization is set for Friday, July 9, with Kane County Circuit Court Judge Stephen Sullivan presiding.

The lawsuit, which Daryl and Wendy Kemp of Elburn filed in the Kane County Circuit Court in April 2009, claims the nonprofit baseball league neglected to provide proper supervision during an April 21, 2008, practice that resulted in Kemp’s 11-year-old son being hit on the hand with a bat swung by a teammate.

The lawsuit claims the boy suffered scarring, disfigurement, emotional distress and inability to live a normal life as a result of his injury. The Kemps are seeking in excess of $50,000 to cover damages, medical expenses and court costs.

Baseball Association Secretary Pete LaSalle declined to comment on the lawsuit. Daniel J. Kordik, the Kemp’s attorney, did not respond to phone calls from the Elburn Herald this week.

Elburn Baseball and Softball is an organization that is entirely volunteer-based.


  1. opinionofmyown

    July 10, 2010 at 7:55 PM

    Has your child participated in sports before? Going to baseball practice is just that BASEBALL PRACTICE – not a babysitting service – if your child needs xtra supervision or if you felt the coach had his hands full with this particular group of boys – where were you – did you offer to help – did you volunteer your time? Was this an accident and the boys were just not paying attention or was it a malicious act – if it was a malicious act maybe you should be suing the other parents and not the volunteer orginization.
    If it was an accident – accidents happen and if i remember correctly waivers are signed. Has this injury kept your child from participating in other sports? Again this is a volunteer organization.

  2. TheSchneid

    July 21, 2010 at 8:53 PM

    Not quite sure how or what happened to the young man, but based on the incident, it’s hard to believe they will get $50,000 for this. Don’t the parents sign wavers before the year? Also, I believe the league has insurance that covers all injuries, so the cash damages can’t be $50,000. I think they’ll probably settle out of court for like $10,000. The only people winning in this game are the Lawyers.