Balthazor

Ryan Balthazor and his mother sued Saddleback Little League and Little League Baseball, Inc. (collectively the League) for injuries sustained by Balthazor when he was struck by a wild pitch during a baseball game. An arbitrator ruled in their favor; the League requested a trial de novo. The trial court granted the League’s request for summary judgment, concluding recovery was barred by the doctrine of primary assumption of risk, as set forth by our Supreme Court in Knight v. Jewett (1992) 3 Cal.4th 296 [ 11 Cal.Rptr.2d 2 , 834 P.2d 696 ]. Balthazor and his mother appeal contending the League increased the risks inherent in the game, making this a case of secondary assumption of risk instead. Therefore, there were material issues of fact making summary judgment improper. We affirm.

On April 3, 1991, 11-year-old Balthazor was playing in a League-sponsored baseball game. The record does not reflect when the game began, but the teams were still playing at 6:00 p.m. Balthazor’s mother testified it was a clear day and the sun was up when the game began, but it was getting difficult to see when Balthazor went to bat around 6:10 p.m. The field had no lights. An almanac indicated…