This section contains the nature of the case and procedural background.

P, an experienced softball player, was injured during the eighth inning of a softball game when he slid head-first into home plate and jammed his shoulder on a protruding corner of home plate. P admitted that, prior to the accident, he had noticed that the third-base side of home plate was 'being dug' by the batters. P sued the Incorporated Village of Freeport (D) for negligence. The Village of Freeport moved to dismiss. The motion was eventually granted. P appealed.

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