On July 4, 2013, plaintiff John Heflebower, 54, an architect, was with his two minor sons, plaintiffs Tyler and Joshua Heflebower, at the home of Debby and Guy Desrosiers, located near Fort Washington Golf and Country Club, in Fresno. While at the home, Heflebower was barbecuing in the large backyard, which had a swimming pool, while his sons, Tyler and Joshua, were playing “Home Run Derby” with Tyler’s school friend, Ryan Beard. In Home Run Derby, a player pitches the ball to a batter, who tries to hit to an area designated as a home run. He is no longer the batter if he strikes out, or if the player in the field catches the fly ball. Tyler, Joshua and Ryan were playing with a plastic bat and ball. However, when the handle of the plastic bat became cracked, the three teens decided to play with a small, metal bat that Tyler found at the Desrosiers’ home. Tyler and Joshua’s father, Heflebower, who played high school and college baseball, joined the boys for a couple of swings of the bat before returning to cooking dinner on the barbecue. During dinner, Tyler and Ryan “trash talked” about an upcoming Dodgers-Giants baseball game at Dodgers Stadium. After eating, Ryan, Tyler and Joshua returned to the area where they were previously playing. Although the teens were no longer scoring the game of Home Run Derby, they were still standing in position for the game while Ryan swung the metal bat slowly to demonstrate how Giants catcher Buster Posey would swing in the game. He then took what he characterized as a normal cut to demonstrate how Dodgers outfielder Yasiel Puig would swing. However, on the second swing, the bat slipped out of Ryan’s hands and hit Heflebower, who was standing just 10 feet away. Heflebower and his sons sued Ryan; and the homeowners, Debby Desrosiers and Guy Desrosiers. Heflebower alleged that Ryan was negligent for using the metal bat in the backyard. He also alleged that the Desrosiers created a dangerous condition by allowing a bucket of aluminum bats to exist on their property and by allowing the young boys to access and use the aluminum bats on the day of the incident. In addition, Tyler and Joshua alleged that the defendants’ actions constituted negligent infliction of emotional distress (under Dillon v. Legg). Tyler and Joshua ultimately settled their claims and dismissed their cases prior to trial. The Desrosiers also settled out of the case. Thus, the matter proceeded to trial with Mr. Heflebower’s claims against Ryan only. The matter was tried twice, each time resulting in a mistrial. The case was subsequently tried a third time. During the third trial, Heflebower contended that Ryan was negligent for using the metal bat and that Ryan should have known better than to carelessly swing the metal bat, as Ryan played baseball for Clovis West High School. He also claimed that he may have vaguely been aware of the teens using a metal bat earlier that day, but that at time of the incident, he had just gotten out of the pool and was looking for a towel, so he did not know the boys were playing with the bat and ball at that time. Ryan claimed he took a normal swing, but the bat slipped out of his hands. He also claimed that Heflebower was standing nearby, participating in the Giants vs. Dodgers debate and talking to him while he was swinging the bat. Ryan’s counsel contended that Heflebower never told the teens not to play with the metal bat or that it was dangerous. Counsel also contended that Heflebower knew the rules and risk of baseball and that a bat could inadvertently fly out of a player’s hand., John Heflebower sustained LeFort III fractures to his skull and nose, and a fractured jaw. He was immediately taken by paramedics to Saint Agnes Medical Center, in Fresno, and underwent facial reconstruction surgery the following morning, during which titanium plates were used to reconstruct his face. Following the surgery, he had to have his jaw wired shut for approximately six weeks. Heflebower claimed that he suffered from additional residual , including recurring headaches, double vision, constant jaw pain due to teeth misalignment, nasal and breathing difficulties, post-traumatic stress disorder, sexual dysfunction, and a brain injury. Although he had only had one reconstructive surgery, his treating doctors claimed that Heflebower needs more. Heflebower alleged that before the incident, he enjoyed a good life, was outgoing, and was actively involved in his sons’ lives. He also alleged that he was financially stable, working as an architect. However, Heflebower claimed that after the incident, he sank into depression, and now suffers from an anxiety disorder and post-traumatic stress disorder. He also claimed he has suicidal ideation and alcoholism, which were brought on by the depression. Heflebower claimed that as a result of his depression, he can no longer work as an architect and now requires counseling. Heflebower’s wife, who was working as a loan agent, testified that she had to increase her work hours to support the family after the incident. Plaintiff’s counsel asked the jury to award Heflebower $2.7 million in total damages. (Although Heflebower had incurred $60,000 in past medical costs, the amount was not claimed at trial.)