That lawyer needs to lose his license to practice law.
This has got to be worse the the McDonalds coffee suit.

This is stupider than stupid. When will it ever end.

Larry

Oh and BTW The McDonalds Coffee case was a legit one. McDonalds was warned repeatedly it was serving too hot of coffee.

Larry

Yup Larry. And it burned the womoan's vag so bad that she needed skin grafts. The coffee was 170 degrees, which is way too hot to drink. And the reason it wass so hot was to increase profits (no one could drink it and get a refill b/c it took so long to cool, and you can get more coffee/bean if the water is hotter). Hundreds of injuries didn't convince McD's to change its ways, so a jury awarded what amounts to 2 hours worth of coffee profits to see if that would get the msg across. Of course, the judge cut that down to something like 10 minutes worth of profits....

Shit dude when I worked at a steak house back in 1987 the DISHWASHER was 180. My G-d 170 for Coffee is NUTS.

Larry

Kid's Baseball should be played with wooden bats. Now it will. My homeboy might still be alive. Besides, $700,000? Chump change.

Here is my problem with this case. The bat in question was within the parameters set fourth by the league. It is the league that is responsible for setting the appropriate ball exit velocity limits at that level. The player who died agreed to play by those rules. The court ruled the bat was not defective and outside of those limits.

If it was defective then I could understand holding the manufacturer accountable however in this case I believe the participants accept the risk associate with playing by league rules. I'm sorry for the loss this family experienced but they don't deserve a penny.

There was an interesting comment in the article from his mother. She said "We should go back to the way baseball is supposed to be played."

I'd like to ask her if she really believes baseball is only supposed to be played with wood bats then why did she agree to allow her boy play Legion ball?

Wurster, if kids baseball should only be played with wooden bats then why should the bat maker be held accountable? Why isn't the league that sets the rules and regulates which equipment can be used take the blame. Seems to me that if anyone has responsibility in this death, besides the parents who allowed their child to play by those rules, is the group that makes the rules.

Of course we know why they didn't sue the American Legion, it's because Legion doesn't have the money that H&B has.

I wonder if they will be bringing suit against the ball manufacturer for not labeling the baseball.

Although this is certainly a tragic accident, I find this lawsuit ridiculous.

Ball players, especially pitchers are apt to get hurt. Balls take a funny hop...are you going to sue the manufacturer of the ball? How about the grounds keeper?

How about the person who hit the ball that struck Patch? Is he next to be sued?

The bat was found not to be defective. That should have ended this case.

What kind of warning should have been added to the bat??

DUCK FAST???

The parents claim it was not about the money but they sued for the wages their son would have lost?? Did he have children to support who woul have lost out on their financial security?

Accidents happen that saddly result in death sometimes.

This is just another example of the ridiculous lawsuits that are out there.

#8 | POSTED BY JOHNNY_HOTSAUCE

Yeah, you're right. I know all that.

I still would rather Louisville pay money than create some government 'Legion Baseball Oversight Committee.'

IT doesn't say in the article but I have a feeling the verdict will be appealed.

This brilliant landmark decision could pave the way for short people to sue the city for building sidewalks too close to their ass.

"This brilliant landmark decision could pave the way for short people to sue the city for building sidewalks too close to their ass."

Hey!!! Watch it Mister!!!!

Nothing wrong with being short!

Barry should appoint a baseball Czar to oversee this mess. Certainly Obama has a feww racist buddies left who are not yet employed.

Lisa,

How short? Weight?

Are you crazy???????

"I still would rather Louisville pay money than create some government 'Legion Baseball Oversight Committee."

So you would rather see some company that you acknowledge is not at fault have to pay more than 3/4 of a Million bucks instead of having some bullshit that you made up in your head and no one in congress has been considering.

In that case I'm going to sue Domino's because I don't like there pizza and I don't want to see the government create a Pizza Quality and Tastiness Oversight Panel.

Asking a Woman how much She weighs is akin to begging the Judge for the Death Penalty in a Capital Case.

Larry

If it is a racist they need then I nominate you for the position FW.

This can only open the door to bigger and better cases:

Smith & Wesson
Glock
Remington
Colt
Et. el.,

Hopefully, the ACLU can prepare the requisite legal briefs NOW!

Be Well.

Rcade, my original headline was far better.

"Asking a Woman how much She weighs is akin to begging the Judge for the Death Penalty in a Capital Case.

Larry"

Yep...as well as asking her age and "wanna be friends with benefits"!!!!!

Rcade, my original headline was far better.
#21 | Posted by johnny_hotsauce

But it was inaccurate.

Does louisville slugger even make aluminum bats?

I am imagining a cute dark haired woman 4'11" and 105 lbs.

You'd be wrong on all but one account, FW...LOL.

I am cute!! : )

Yes HC, they do.

I played with one for years and years.

I loved that bat.

IT doesn't say in the article but I have a feeling the verdict will be appealed.

#11 | Posted by danni

Do you think? I don't even know how the plaintiff's attorney was able to get this one passed a judge to begin with.

"Hey, Mr. and Mrs. Jones, did you know that baseball is a dangerous sport?"

"What, no it isn't. Who told you such nonsense."

Some people's parents.

*smh

Here ya go HC.

I'd love to make an aluminum bat that lit up when it hit a baseball/softball. I have a general idea but that's it.

LOL Larry.

Ball players don't want that.

Well, maybe kids in T Ball.

How about a bat that sounds like the crowd gone wild, when the ball connects??

Sounds kewl Lisa. BTW if I were to play on a league I'd make My own bat and it would light up when the ball connected. Ilumabat the bat that let's You know when You hit the ball.

Larry

LOL Larry.

When you connect....you'll know. No need for a light but I think kids would like it.

But there is NOTHING like the sound of a ball hitting a wooden bat!

I LOVE that sound!

But my favorite is the sound of a roaring crowd.

I know about wooden bat connections. I was on the Hutch Bronc back in the day. I played one season of I don't know what You call 10 Year olds playing with a regular baseball. Of course I sucked at Hitting and had to throw girly under hand when I was in the outfield.

Broncs^

Hey! Watch it with the "girly" stuff. I can probably throw farther than some guys here!!

Remember DKIA??

He used to call me from football and baseball games when the crowd would go crazy, just so I could here it...he knew I loved that sound!

What a sweetie, huh?!

I think the most fun I had was searching for that square steel post that was embedded into the ground at 1st and 2nd. That was like looking for buried treasure to Me.

awwwwwww that was sweet of Him Lisa. too kewl.

Yep!! He's my buddy.

I really miss him, Larry.

I know he is so happy, but it sure would be nice to pick up the phone and here his laughin' at me like he always did.

Bless his heart.

Yeah He was a kewl guy. Wonder how He is doing Lisa.

I haven't heard from him since he went to Afganistan.

I moved, my cell number changed.

He had just gotten remarried, happiest he's ever been in his life.

LOL...one time, he called me and he had a recruit or something in his office. He was making him do push ups.

He hands this guy the phone and tells him..."this is my friend Lisa. Talk to her. And you better be respectful".

Poor guy had to talk to me and do push ups with one hand.

LOL

Now THAT'S Funny Lisa. Sounds like Him. hahahahaha

Yep...that's him.

We had a blast. Half the time he was feeding me lines on the phone that he wanted me to type here to set up his jokes. Then he'd get exiled...lol.

One time I was laughing so hard I fell off my chair backwards....LOL.

*sigh*

I really miss him.

And on that note...It's bedtime here.

Have a great rest of the evening Larry.

Ciao

I'm no negligence expert, but I've seen sports cases where they found that the plaintiff's participation in the sport constituted an assumption of the known risks. Anyone who watches baseball knows that balls get hit back at pitchers all the time. It's a scary thing, and this is a sad accident, but this seems ridiculous.

Ciao Lisa

"but I've seen sports cases where they found that the plaintiff's participation in the sport constituted an assumption of the known risks."

Exactly what I was thinking.

Joe, explain to me how a case like this gets passed a judge in the first place, if you will.

Hopefully, this'll be overturned on appeal-- like many other areas of our society, the legal profession is out of control. When I see the young lady? with the scales of justice and the statement "justice is blind", I often feel it would be more accurate if the statement was "justice is blind to justice."

HC, judges can't typically don't just "throw a case out" because they don't like it, unless it is completely incoherent or nonsensical. Even though the burden is ultimately on the plaintiff to prove their case, if the Defendant wants it thrown out, they have to either file a motion and prove there are no genuine issues, or win at trial.

Negligence law can vary state by state, and even judges within those states are all going to be different. But if voluntary assumption of risk is a defense in Montana, it was on the Defendant to bring that up and argue it, not the judge.

Personally I just don't see how a warning can be required for something that happens often in baseball. Here they got down to the milliseconds that this particular bat gave the pitcher to react, which to me seems to ignore the fact that a stronger guy with a wooden bat probably could have hit the ball just as fast. Again I don't work in this area, but it sounds like bullshit to me.

Thanks for the answer.

"But if voluntary assumption of risk is a defense in Montana, it was on the Defendant to bring that up and argue it, not the judge."

I understand that. Its something that bugs me about the legal system, that judges have to sit there and pretend that one attorney or another isn't doing his/her job.

that judges have to sit there and pretend that one attorney or another IS doing his/her job.

Yep...as well as asking her age and "wanna be friends with benefits"!!!!!

#22 | Posted by Lisa

Well I know your age and as far as the 2nd part what would be the point Miss Once A Month But Only In Even Months Ending In "Y"?

Wow--truly sad for the parents.

We used to be able to use a softball aluminum bat called Rocket-tech. After a couple of years they pulled the bat from the market and they were illegal to use at all games.

The umps always checked the dugout equipment for any illegal bats or helmets. They all had to have ASA sanction markings.

The bat was awesome for the batters--and could be deadly fast when hit back to the pitcher.

Bats don't kill people.

Only people, bears, coyotes, mountain lions, Presidents, and terrorists kill people.

As for this lawsuit--they will appeal and likely be granted.

There were no defects--and what warning are they referring to?

Of course ladder manufacturers have warnings coming out of their bums --and the danger is obvious.

The jury-- 8 out of the 12 anyway-- loved the parents and gave them money.

Most places you can't sue except for funeral or medical expenses as a parent of an adult child unless they are giving the parents income.

Montana sounds like they have some wild rules for wrongful death.

Usually this wouldn't be the case--but it appears the defense attorney did a lousy job.

And did you know that the woman who was burned by the McDonalds coffee wanted $25,000 to settle and MD's said no?

So she sued.

"The umps always checked the dugout equipment for any illegal bats or helmets."

Helmets? How can a helmet be illegal? Substandard?

The only people who serve on juries are old people with nothing better to do and ignorant people that can't get out of it.

Fucking stupid people on juries. This is the result.

"Helmets? How can a helmet be illegal?"

Major League Baseball Rule Number 1.16(c)
"All players entering the Major Leagues commencing with the 1983 championship season and every succeeding season thereafter must wear a single ear-flap helmet (or at the player's option, a double ear-flap helmet), except those players who were in the Major League during the 1982 season, and who, as recorded in that season, objected to wearing a single ear-flap helmet."

I don't agree with the jury in this product liability case. The difference in using wood vs. aluminum bats when playing baseball was no hidden secret and the fact the jury found no defect in how this particular aluminum bat was manufactured should have been a slam dunk win in favor of aluminum bat maker Hillerich & Bradsby Co.

The attorneys should immediately appeal this case on behalf of their defendant.

I also think JOHNNY_HOTSAUCE made an excellent legal argument in his #7 --

...Here is my problem with this case. The bat in question was within the parameters set fourth by the league. It is the league that is responsible for setting the appropriate ball exit velocity limits at that level. The player who died agreed to play by those rules. The court ruled the bat was not defective and outside of those limits....

It doesn't appear, at least in this case, there is any legal basis for the aluminum bat maker to have been able to cross-complain against the company who made the baseball used in the game.

But I sure learned some interesting details as to just how baseballs are manufactured and the materials used to make one which I read in the following article should anyone else like to read it too --

# 59 -- SORRY for repeating the same post twice within one post! Don't know how that happened. My initial post should have ended right after this first link --

"How Baseballs Are Made"

# 59 -- SORRY for repeating the same post twice within one post! Don't know how that happened. My initial post should have ended right after this first link --

"How Baseballs Are Made"

#60 | Posted by CalifChris

[Bites Tongue Exits Drudge Retort For The Nite]

9 | POSTED BY LISA AT 2009-10-29 07:21 PM | REPLY | FLAG:

I agree completely, our first year of fast pitch, one of the kids i was friends with was hit right over the heart with a line drive off a good hitter. He just didnt have the reaction speed to get the glove up.

it actually killed him for a few min.

CPR brought him back but he never played again.

Understandably.

When you walk on the field it is your repsonsibilty to protect yourself.

SORRY for repeating the same post twice within one post! Don't know how that happened.

Funny I could have sworn I posted in this thread and now I see it in another one. I must getting tired too.

Note To Hillerich & Bradsby Co:

This suit sucks moose cock.

Aluminium bats are purely a cost saving solution as they last virtually a lifetime while classic lumber can break on the first good contact.

Banning lumber would be more appropriate then this nonsense.

Crisis

"Bat Maker Liable"

Does anyone need any more evidence we're in a loony bin?

Does anyone need any more evidence we're in a loony bin?

Not Spud.

This story is not so much a revelation than it is a sad confirmation of sommat Spud's already noted fer while now.

#7 JOHNNY

Excellent post. Didn't have to read any further to see my thoughts expressed.

MLB is going to Whiffle Balls next season.

The continued pussification of America in evidence. Unbelievable.

JM

"When you walk on the field it is your repsonsibilty to protect yourself."

Sometimes you just can't protect yourself fast enough...as in this case.

However, you always take a risk when playing sports.

One of my sons broke his hand by a ball hit at him, I had a line drive come at me so fast I couldn't get out of the way...was just sore for a few days.

Of course, I did break my nose with my own baseball bat but we aren't going into that one! : )

I did break my nose with my own baseball bat but we aren't going into that one!

WHAT? You dangle a big 'ol carrot like that out there and expect to just let it hang there? I WANNA KNOW DETAILS!

"WHAT? You dangle a big 'ol carrot like that out there and expect to just let it hang there? I WANNA KNOW DETAILS!"

LOL

Oh, just another stupid Lisa story you can live without!!!

LOL

I have a distant (VERY DISTANT!) cousin who slammed his nose in a sliding patio door...I have't figured that one out yet, either...

A1...I've got that beat!! lol

All leagues should go back to wood. It's the way the game was meant to be played.

Bats kill people! So do Guns! LMAO!

"All leagues should go back to wood. It's the way the game was meant to be played."
#75 | Posted by jackass

Originally the pitchers had to throw underhand and toss the ball to the area of the strike zone that the batter requested. That would cut down on the speed of the game and would help protect the arms of the pitchers from injury.

Perhaps we should revive those rules?

This is the biggest bunch of Bull I have ever heard.

Lawyers are the problem with America, they allow lawyers.

The juries are so stupid, they deserve to be in a country where the lawyer sharks rule.

Lawyers are the only so called profession in which they have MEETING to tell them how much to LIE and still get away with it.

need to remove them all in my opinion

What a bunch of ..., that is why healthcare reform will not work, no limits on tort.

Johnny no I wouldn't go that far but wooden bats are good enough for the pros and should be good enough for little league. I used a wooden bat as a kid and did just fine. If it cuts down on injuries then why not use wooden.

So let's the bats came with warning labels on them and people now understand that its possible to get hurt by a batted ball (because apparently nobody knew before): What is done differently that would have saved this guy's life?

"That's a grand slam," (the boy's dad) said as he hugged one of the family's attorneys (after the verdict).

Need I say more?

#13 | Posted by Lisa
Especially if you have a nice ass!

I was hoping to see some suggestion that they will be appealing the case. Doesn't seem likely given the end of the press release.

The label would have saved his life, he would still be trying to remove it and would have missed the game.

Grand slam eh?

May that extortion money cause nothing but grief for those crooks.

All leagues should go back to wood. It's the way the game was meant to be played.

#75 | Posted by jackass
And all Golf Clubs should be wood, and all tennis racquets should be wood... get real!

baseball will now go the way of dodge ball and tag.time to buy waffle bat and ball stock.

Originally the pitchers had to throw underhand and toss the ball to the area of the strike zone that the batter requested. That would cut down on the speed of the game and would help protect the arms of the pitchers from injury.

why not just roll the ball on the ground?

All leagues should go back to wood. It's the way the game was meant to be played.

"we must save the trees" al gore

'"That's a grand slam," (the boy's dad) said as he hugged one of the family's attorneys (after the verdict).

Need I say more?'

I was going to reference that quote in my post because it made me throw up in my mouth a little but my browser wasn't letting me copy text from this article.

When you really think about it, why do the players need equipment at all? Think about how much fun they could have just pretending they are pitching, hitting and fielding.

Kids play army but we don't give them real M-16s. Why would we give them dangerous bats they don't even really need to have fun on the baseball diamond?

"If it cuts down on injuries then why not use wooden."

That is the key, if it cuts down on injury. Wood bats do not necessarily cut down on injury because metal and composite bats are available that have exit velocities that are no higher than those of wood bats.

What does cut down on injury is for the leagues to set the appropriate guidelines for safety equipment for that level of play. If the appropriate guidelines are set then wood bats may be more dangerous because they can break and splinter sending dangerous shrapnel at players the players in the field who may not see it coming at them because they are focused on the ball.

If the argument is going to be made for safer equipment then I still point back to the league as potentially negligent for not mandating that pitchers and perhaps all infielders be required to wear chest/heart protectors and fielding helmets or the protective inserts that are available for the standard soft hats that fielders wear which distribute the force of a direct blow to the head.

I just don't see how it is reasonable or just that a bat manufacturer should be held liable for an injury because they made a bat that conforms with the safety regulations of the league.

"What does cut down on injury is for the leagues to set the appropriate guidelines for safety equipment for that level of play"

Then you'd better have the pitcher outfitted like the catcher.

"I just don't see how it is reasonable or just that a bat manufacturer should be held liable for an injury because they made a bat that conforms with the safety regulations of the league."

Agreed.

Does anyone need any more evidence we're in a loony bin?

How about turning into a dove from a hawk within a blink of an eye on Jan 20, 2009.

"Then you'd better have the pitcher outfitted like the catcher."

Not necessary. There has been equipment on the market for years that is nonobstructive and can be worn under the uniform to protect the head and heart.

As long as they are are at maybe they should require the Nutty Buddy too. It is in my opinion the most amazing piece of sports safety equipment ever invented.
Want to see a guy take a 90 MPH fastball down below and reacting to it with nothing more than a flinch?

Go about 8 minutes in to this video:

They'd be suing if it was an ash bat that shattered and impaled the pitcher. No win either way. I like the crack of leather on wood, damn the courts and the lawyers.

Does louisville slugger even make aluminum bats?

#23 | POSTED BY HAGBARD_CELINE AT 2009-10-29 08:55 PM | REPLY | FLAG

Fuck 'n A they do. XO Grid is one of the best.

If anyone's got a kid playing ball now, have to recognize that kids are bigger, stronger, faster now than ever. We had a 12 y.o. throwing 70-75 on a shortened field. When the ball is hit with a strong, light aluminum bat, it is freaking scary.

They ought to either go wood, or tweak the drop weights. That said, sympathies obviously overtook this jury.

"sympathies obviously overtook this jury."

That wasn't their job.

Their job was to rendure a verdict according to the law.

They failed.

#98. Ya, hence my statement.

And this is why we have motions for JNOV and a Court of Appeals. Why are you all freaking out? Its like you actually expect the trial court with a jury to reach the correct decision every time?

Let me explain how jury instructions work:

How much would compensate the plaintiff regardless of fault? _____________
(Always a large number because the guy died)

How much would he have earned if he continued living?_____________
(again objective question)

Is the metal bat more dangerous than the reasonable consumer would expect?___________
(Again, decently objective)

End of story. Jury doesn't get to make a blank verdict. They answer questions which based upon law produce the verdict. But this one will be overturned.

"this one will be overturned."

Agreed. You shouldn't be held liable once you've met the established rules of safety. If there was any evidence the bat makers were purposely creating a more explosive bat, that's one thing, but to be doing it within the guidelines and still be liable is merely the product of a weepy jury wanting to compensate the bereaved out of someone else's deep pockets.

Another reason we need tort reform! Absolutely crap. By the way, McDonald's won on appeal and didn't pay out a dime, which is how it should have been decided in the first place. Wake up Americans, have some accountability!

Think aluminum is hot, try the titanium bats. The ball literally jumps off them!

"Another reason we need tort reform! Absolutely crap. By the way, McDonald's won on appeal and didn't pay out a dime, which is how it should have been decided in the first place. Wake up Americans, have some accountability!

#102 | Posted by Steve420 "

Really? So your average schmuck should be held accountable for any of their actions but large corporations who injure others in the course of business should have no accountability?

Why don't you go dip your balls in 170 degree water and get back to us on who should be more accountable the woman or McDonalds

Geez oh Pete! Doesn't anyone take any personal responsibility anymore?You play...you could pay.

I've played slow pitch softball for years. In recent years our league has altered some of the equipment (bat restrictions and use of a slightly softer softball).

But to me the biggest change was moving the pitching rubber back several feet. Changes the trajectory... and I found that the pitches arrived flatter, since we have a pitch height rule.

As a kid I remember my dad telling me when he knew it was time to give up playing softball. He'd always been a pretty good (and quick) player, but one time he was playing third... and some guy smoked a line drive, head level, his way. The ball was past my dad before he could get his glove up. Needless to say he could have been seriously hurt.

"By the way, McDonald's won on appeal and didn't pay out a dime..."

Actually I think they paid around $500K.

You'll also find that most real coffee houses brew coffee around 192 degrees F, and higher end home machines do as well.

That's because your supposed to drink it from a mug, while sitting at a table, rather than from a styrofoam cup in your freakin' car.