Page 25 - Pierce County Lawyer - September October 2025

The ball had barely hit the ground when the first baseman began
scolding the pitcher for making the call. The pitcher looked at his first
baseman, received the ball from the shortstop, walked up the back of the
mound, and got ready to make the next pitch out of the set position.
This was a case of first impression for the pitcher as he was well-known
for playfully shouting “Somebody!” on occasion, and, somebody always
made the catch. The facts of this case did not warrant that entreaty.
Although not an operative fact of this case, the first baseman, before
one of the next games, sought to engage the pitcher in what could only
be described as idle chit-chat. The first baseman was not a lawyer, not
an historian, and not a political scientist. Sua sponte, he told the pitcher
that the 1803 United States Supreme Court case of Marbury v. Madison
had been wrongly decided. He was serious. The pitcher did not respond.
Issue: Issue:
Whether the pitcher makes the call for which infielder should catch a
pop fly when no infielder makes the call.
Rule: Rule:
The pitcher makes the call because he has the last clear chance to ensure
that an out is made and the team is not placed at a disadvantage by
having the batter reach first base safely.
Application: Application:
No infielder made the call for the catch. The pitcher was in the best
position to assess the situation and make the call in order to avoid risk
of injury to his infielders and keep a runner off of the basepaths. He had
the last clear chance and made the correct decision.
Conclusion: Conclusion:
The inescapable conclusion is that the first baseman was out of his
league in scolding the pitcher for what just plain common sense dictates
was the appropriate call by the pitcher under the circumstances.
By way of dictum, it is also concluded that the first baseman was out
of his league in attacking Marbury v. Madison as it has been firmly
ensconced in the Jurisprudence of the United States of America for 195
years as of the date of this 1998 opinion
Jim Lopez was born in Colorado
on April 30, 1949, and since his
father was serving in the United
States Air Force, the family
moved about every three years.
That included two separate stints
in Panama when Lopez was a
child, giving him an opportunity
to play baseball year-round.
Lopez first played organized baseball at seven years
of age, earning all-star honors in various little
leagues as his family continued to move. He grad-
uated from Holy Cross High School in Delaware
in 1967 and Adams State College in Colorado in
1972. He earned his law degree from University of
Puget Sound School of Law in 1978 and practiced
law in Tacoma for 37 years before retiring in 2015.
While his success in the courtroom was tremen-
dous, his dominance on the mound may have even
been more impressive.
He has played with the Washing-
ton Senators, Tacoma Cardinals
and Tacoma Cascades in the
Pierce County Roy Hobbs Senior
Baseball Leagues in selected years
spanning 1990-2014, including
17 Roy Hobbs World Series
appearances. He has also played
in the Seattle Puget Sound Senior
Baseball League in selected years
spanning 1999-2014 with the
Seattle Rainiers, Silver Foxes and
Tacoma Tugs. Overall, Lopez compiled a 164-48
record between 1990 and 2014, including three
no-hitters. Perhaps his three best years came in
2004, 2005 and 2006. In 2004 he went 15-0 with 12
complete games, four shutouts and a 1.38 earned
run average. Somehow he improved on that the
following year with a record of 18-0, seven complete
games, five shutouts, one save, a 1.23 ERA and a 32
2/3-inning scoreless streak.
In 2006 he compiled a 13-3-1 record with one save,
a 1.92 ERA and a 3-0 mark and a .095 ERA in the
Roy Hobbs World Series. Lopez has also served as
a pitching coach for the baseball teams at Puyallup
and Curtis High Schools and published a book
about the mental aspects of pitching called Here's
the Pitch.
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