First baseman seeks $100k over injury and non-regulation sized base

Kelly Holleran Sep. 29, 2008, 3:40am

Gregory Gvillo has filed suit against DeCamp Junction and two individuals, alleging he broke his leg at a softball game after a player ran into him.

Gvillo claims he was playing first base on Aug. 30, 2007, in a softball tournament DeCamp Junction organized.

When Aron Klenke, one of the defendants, hit a ground ball, it was thrown to Gvillo, according to the complaint filed Sept. 25 in Madison Circuit Court.

Gvillo alleges Klenke ran to first base and crashed into Gvillo, fracturing his humerus.

He also suffered ulnar nerve damage, great bodily pain, disability, loss of a normal life and loss of income because he is not able to work, the suit states.

Gvillo also has become responsible for medical costs, according to the complaint.

He claims DeCamp Junction and the event's organizer failed to provide a regulation-sized first base.

The base is supposed to measure 15-by-30 inches with half the base white and in fair territory and the other half orange or green and in foul territory, according to the complaint.

Instead, DeCamp Junction's base only measured 15-by-15 inches and lay entirely in fair territory, the suit states.

He claims DeCamp Junction and the event's organizer were negligent because they failed to provide a regulation-size base.

Klenke had a duty to ensure the safety of other softball players in the tournament, but breached that when he crashed in Gvillo, the suit states.

In the two-count suit, Gvillo is seeking a judgment in excess of $100,000, plus costs of the suit.

The case has been transferred from Macoupin Circuit Court, where it was filed Aug. 25, to Madison County Circuit Court.

Gvillo is represented by Michael R. Lang of DiVincenzo, Schoenfield, Swartzman in Chicago.

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