Law360 Canada ( November 23, 2021, 6:21 AM EST) -- Appeal by the plaintiff, Rivers, from dismissal of a negligence claim against certain district and baseball league and player defendants. The plaintiff was watching his son play little league baseball when he was struck in the back of the head by a foul ball hit from a diamond that was adjacent to where his son played. The plaintiff was seated in uncovered bleachers with his back to the adjacent diamond. The ball that struck the plaintiff cleared a backstop fence that expert evidence stated was twice the recommended height. The expert found that the design of the diamonds was consistent with industry standards. There were no signs warning of foul balls. The plaintiff did not hear a verbal warning that the ball was approaching. The plaintiff sought damages based on common law negligence and occupiers’ liability. The claim was dismissed following a summary trial. The trial judge found that the plaintiff failed to establish that the design and layout of the facility created an objectively unreasonable risk of harm. Based on the absence of other incidents and the effectiveness of the informal verbal warning system, the trial judge found that the risk of non-trivial harm to a spectator was not reasonably foreseeable. The standard of care was met. The plaintiff appealed....