Continuance granted in umpire's suit over defective chest protector

John Suayan, Galveston Bureau Jan. 9, 2012, 10:16pm

GALVESTON - A Galveston federal judge recently approved a joint motion for continuance in a Houston man's lawsuit stemming from a cut-induced stroke.

On Dec. 14, U.S. District Judge Kenneth M. Hoyt signed an order moving the trial setting in James L. Foreman's personal injury suit against Diamond Baseball Co. to late August.

Foreman filed suit last April in the Galveston Division of the Southern District of Texas after the defendant's DCP-iX3 UMP umpire chest protector underneath his shirt uniform shifted up, scraped across the side of his neck and dissected his right internal carotid artery while he drove home from a Little League baseball game in May 2009.

According to the original petition, the father of three experienced headaches and nausea after he arrived home from the baseball field and was found on the couch the next morning unable to move the left side of his body.

He was taken to St. Luke's Episcopal Hospital where physicians diagnosed him with a right middle cerebral artery infraction.

Court papers assert the complainant suffered and continues to suffer left hemiparesis, executive functioning disorder, episodes of fecal and urinary incontinence, seizures, aphasia and cognitive deficit as a result of the alleged stroke.

The parties' motion states Foreman's scheduling of his deposition "has been complicated by a very busy trial schedule of the plaintiff's counsel," insisting they require appropriate time to review deposition transcripts and any follow-up discovery.

Case No. 3:11-cv-213

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