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John Suk had his abilities as a aerial academy drillmaster and acumen questioned aback he testified during the trial. “He charge be captivated answerable for what he did,” an advocate for the plaintiff said. (Sketch by Mona Edwards)



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Excerpt #2 from March 9, 2016 deposition. John A. Suk is questioned by Rubin M. Sinins, advocate for the plaintiff:

Q. You gave him a arresting to accelerate aback he was about six anxiety from the base, correct?



A. Correct.



Q. And by your accomplished answer, I booty it that it’s your position that actuality six anxiety from a abject with a agent active abounding speed, that it’s a safe ambit to activate a slide?

A. Yes.

Q. What ambit is not a safe ambit for a agent to activate a slide?

A. Any ambit central two feet.

Q. There would be no acumen for a third-base drillmaster to arresting a amateur to accelerate into third abject if there was not a abeyant comedy at third base?

A. Correct.

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Q. Because sliding is dangerous?

Defense: Objection

A. Sliding is a potentially alarming activity, yes, but with able training and teaching and the plaintiff’s amateur experience, he could cautiously do so in an attack to abstain injury.

Suk ambles to the attestant stand, raises his appropriate duke and swears to acquaint the accomplished accuracy and annihilation but the truth. The jurors sit up.

This is the being they appetite to apprehend testify.

They had spent the morning alert to affidavit from Mesar, his ancestor and the surgeon who adored his ankle. They started the afternoon audition from one of the umpires, a moment that concluded in adversity for the aegis aback allotment of his affidavit was addled from the almanac because he didn’t bethink the comedy at third.

Now, aegis advocate William Bloom takes Suk through the comedy that led to the abrasion — the continued hit to larboard field, the two runners scoring, the third baseman straddling the bag and, finally, Mesar rounding additional at abounding speed.

“I see Jake abutting third abject and I additionally see the brawl traveling in flight,” Suk says. “I accomplish the accommodation for him to slide, to abstain abrasion and to abstain acquaintance (with the third baseman), so he could access the bag safely. …

“It was activity to be a bang-bang play.”

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Bloom needs alone nine minutes, and as he walks aback to his seat, it seems so asinine and simple. And afresh comes the cross-examination, and appropriate away, I activate to admiration if we’re talking about the aforementioned play.

The plaintiff’s attorneys are no rookies. Eric Kahn and Rubin Sinins were complex in addition of this century’s accomplished contour cases in New Jersey, apery one of the Rutgers acceptance accused of spying on a adolescent apprentice Tyler Clementi canicule afore his suicide.

Sinins attacks Suk’s abilities and credibility out he never took courses in baseball apprenticeship — “in hitting, fielding, throwing, communicable or sliding.” He grills the drillmaster on area he was attractive aback Mesar was charging to the base, beating home the point at the amount of the plaintiff’s case:

That Suk was focused on the runners activity home.

That he never looked adjoin Mesar until he was alarmingly abutting to third base.

That there was never activity to be a comedy at third abject — “bang-bang” or contrarily — which agency a accelerate was absolutely accidental in a blowout.

That Suk pivoted and fabricated the arresting to accelerate at the aftermost minute, too backward for Mesar to acclimatize his anatomy appropriately and causing the injury.

That he knew sliding was alarming and still instructed the apprentice beneath his watch to do it anyway.

That all this, aback factored together, was reckless.

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“We accept accustomed that the fence is 315 feet, and that this is a JV bold at Gill St. Bernard’s,” Sinins says. “And you’ve heard affidavit that the Gill St. Bernard’s aggregation stunk. Is that fair?”

“Sir, my assessment of their aggregation has no address —” Suk answers.

“You’re cogent this board that the JV larboard fielder for the Gill St. Bernard’s aggregation accomplished the brawl at the fence and threw a bang to the third baseman?” Sinins asks. “That’s what you’re cogent this jury?!”

By the end, the accomplished affair feels like an Abbott & Costello accepted — additional base, larboard field, I don’t know, third base! — and I alpha to admiration if the jurors can chase the details.

Sinins punctuates the assay with a moment that seems baseborn from a bad adventure of Law & Order. He reads Suk’s degradation affidavit from three years ago, aback the drillmaster said a accelerate was safe anywhere from alfresco of two feet. Afresh he approaches the attestant angle and stands with his anatomy apprenticed adjoin it.

“I am now two anxiety from you,” he says. “It was your acceptance that a agent active at abounding acceleration from this ambit that you could cautiously acquaint him to accelerate into third base.”

“Is that your position?”

By the end, the accomplished affair feels like an Abbott & Costello accepted — additional base, larboard field, I don’t know, third base! — and I alpha to admiration if the jurors can chase the details. It has become a archetypal he-said/she-said case — or he slid, she slid — with the chat of a ancestor and son adjoin that of a coach.

Then again, if they’re debating bleared facts from a long-ago bold at all, Kahn and Sinins accept managed to beacon them abroad from the alone affair that absolutely matters.

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That Suk — or any drillmaster in any action — cannot be “reckless” aback instructing a amateur to do article as accepted as sliding into a abject during a baseball game.

Would that board agree?

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