Shultz Ex Rel. Shultz v. Hemet Youth Pony League, Inc.

ORDER RE: MOTION FOR SUMMARY JUDGMENT

This matter is before the Court on Plaintiffs Motion for Summary Adjudication of Liability. The parties came before the court, the Honorable Consuelo B. Marshall, presiding, on July 15,1996. The Court has considered the motion papers, parties’ arguments, and the evidence, and based thereon, the Court GRANTS the motion.

Plaintiff Geoffrey Shultz was born on June 1, 1983. Plaintiff has spastic diplegia cerebral palsy, a condition which severely affects the muscles of Plaintiffs lower extremities, causing them to spasm and contract. Nonetheless, Plaintiff is able to walk, run, and play baseball with- the assistance of crutches.

Defendant Pony Baseball Inc. (“PONY”) is a national nonprofit corporation that serves as the administrative body for baseball and girls softball leagues. Defendant Hemet Youth Pony League, Inc. (“HYPL”) is a nonprofit corporation organized to provide a youth baseball program in Hemet, California. HYPL is a member affiliate of PONY. It is PONY that promulgates the official Rules and regulations for each of its member leagues. (Wohn Decl., Exhs. A, B and C). Absent express approval from PONY'S headquarters, no member…