Ohio's top court rules Howland schools not liable in accident

COLUMBUS — The Howland school district is not liable for injuries suffered by one of its freshman baseball players during an impromptu batting practice, says an Ohio Supreme Court decision. “A political subdivision is immune from liability if the injury complained of resulted from an individual employees’ exercise of judgment or discretion in determining whether to acquire or how to use equipment or facilities unless the judgment or discretion was exercised with malicious purpose, in bad faith or in a wanton or reckless manor because a political subdivision can act only through its employees,” wrote Justice Terrence O’Donnell in the high court’s 6-1 decision, which was released today. The case stems from an accident, which left Jeffrey Elston seriously injured while he was a freshman baseball player at Howland High School in April 2002. Elston was reportedly soft pitching to a teammate during a self-initiated batting practice when a ball ricocheted off the L-screen, which is designed to protect pitchers during batting practice, and hit Elston in the head. <em>For the complete story, see Thursday's Vindicator and Vindy.com.</em>