Pitchers have long thrown inside fastballs to intimidate hitters.

However, a state appeals court, ruling in the case of two local community colleges, has said that players injured by brushback pitches or by other risky play in baseball and other contact sports can sue when the game is a school-sponsored or school-supervised event.

The Aug. 27 split decision, involving Citrus College in Glendora and Rio Hondo College in Whittier, extends to adults redresses previously reserved for minors.

The ruling also reinstates a negligence lawsuit brought by Jose Luis Avila, 22, of Ontario. Avila, a Rio Hondo College outfielder, was hit in the head by a retaliatory pitch from a Citrus College pitcher during a preseason game in Glendora on Jan. 5, 2001, court records show.

Attorney John W. Allen, representing Citrus College, said the decision is so far out of bounds that he may appeal to the state Supreme Court.

Allen argued the justices of the 2nd District state Court of Appeal in Los Angeles should have upheld Pomona Superior Court Judge Conrad Aragon's decision in March 2002 to dismiss the suit. Aragon ruled that under the state Government Code, colleges are immune to lawsuits involving "hazardous recreational activity' because most participants in such sports are adults.

"Basically, this means any public entity can be sued,' Allen said of the appellate court decision. "Most colleges have limited resources.'

However, Brian P. Keighron, the attorney for Avila, said the decision clarifies the law and does not open the flood gates of liability.

Two days after the ruling in the Avila case, the state Supreme Court ruled coaches supervising minors can be held liable for injuries if their conduct is reckless or if they wanted the athlete to be injured.

Avila was 19 when the inside pitch from the Citrus College pitcher hit his batting helmet so hard it cracked. Earlier in the game, a Rio Hondo pitcher hit a Citrus player.

Avila staggered and complained of dizziness and pain, but two of his own coaches told him to stay in the game and the Citrus staff offered no medical care, court records show.

Avila suffered severe head trauma and a lifetime disability, Keighron said. Avila's injury could have been prevented if the Citrus College baseball coaching staff properly supervised their pitcher by telling him not to throw a retaliatory pitch, Keighron said. The Citrus coaches made an equally bad mistake by not getting immediate medical care for Avila, the lawyer said.

Justice Orville A. Armstrong, in writing the majority opinion for the appellate court, said Citrus College misinterpreted the immunity statute. It applies to people doing dangerous activities on public property, such as hang gliding and rock climbing, he said.