Batting cage injury case on deck for April 2014 jury trial

John Suayan, Galveston Bureau Dec. 8, 2013, 4:02pm

GALVESTON - Late April is usually when baseball season is in full swing. For a man who is suing for injuries allegedly sustained at a batting cage, late April 2014 is when a Galveston County jury will hear his lawsuit.

Galveston County 10th District Court Judge Kerry L. Neves granted plaintiff Glenn Pappe and defendant Acrofit Gymnastics Houston Inc.'s agreed motion for continuance on Nov. 25, pushing their trial setting to April 28, 2014.

The original trial date was Dec. 2.

As previously reported, Pappe pursued legal action earlier this year after an employee of the defendant purportedly distracted him and caused a ball to strike him in the eye during a visit to its facilities on June, 2, 2012.

As he was using the pitching machine, one of the respondent’s workers yelled out to him to which his attention was taken away from the machine, the suit says.

An incoming ball then connected with Pappe’s left eye.

The original petition adds the plaintiff was the only one at the batting cages.

Meanwhile, Acrofit Gymnastics insists that the complainant is to blame for his reported injuries.

Both parties' motion explains that time is needed to take depositions, which are "being scheduled within the next 3-4 weeks."

Attorney David J. Miller of Miller, Scamardi & Carrabba in Houston is representing the respondent.

Case No. 13-CV-131

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