Plaintiff was struck in the face during a softball tournament suffering multiple facial injuries. On May 30, 2015, Mr. Ayub was participating in a softball tournament when he was struck in the face by another player outside the field of play. We contended that Defendant should have anticipated the attack based on the assailant’s reputation in the softball community and from prior altercations that occurred during the same softball tournament and included physical violence and the use of racial slurs. Mr. Ayub suffered multiple facial injuries as a result of the incident. The defendant argued that it was not in exclusive possession or control of the premises where the altercation occurred. Additionally, it contended that Miami Dade County, as the owner of the par, had the responsibility to insure the safety of the participants. The jury disagreed and found Competitive Softball Promotions 100% negligence, with no negligence on behalf of Mr. Ayub and Miami Dade County, awarding Mr. Ayub damages of $319,914.71. The award included $169,914.71 in medical expenses, $50,000 in past pain and suffering, and $100,00 in future pain and suffering.
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