West

Ten-year-old Brandon West was warming up with a few of his teammates in the outfield before a Little League game. His coach threw him a pop fly. West lost the ball in the setting sun. It hit him in the eye and caused serious injury. West appeals from the judgment dismissing his complaint against defendants Sundown Little League of Stockton, Inc., Little League Baseball, Inc., Dennis Hughes, Ed Krager, and Bob Whitaker. West contends the trial court “erred in finding that as a matter of law the defense of primary assumption of risk applied to the particular conduct and defendants in question, and that defendants had not waived the defense in writing at the time that [West] was first enrolled in Little League.” Losing a fly ball in the sun and being hit by it is an inherent risk of baseball assumed by all players whether it happens during little league warm-ups or during Game 7 of the Major League World Series. The written release does not present a material question of fact concerning waiver. We affirm.

Factual and Procedural Background

In the spring of 1997, plaintiff and appellant Brandon West was 10 years old. He was playing his first year on a Little League organized…