<div class='quotetop'>QUOTE </div><div class='quotemain'>The family of a boy in Wayne, N.J., who suffered brain damage after he was struck by a line drive off an aluminum baseball bat sued the bat's maker and others on Monday, saying they should have known it was dangerous. The family of Steven Domalewski, who was 12 when he was struck by the ball in 2006, filed the lawsuit in New Jersey Superior Court. It names Hillerich & Bradsby Co., maker of the 0.78-metre, 0.5-kilogram Louisville Slugger TPX Platinum bat used when Steven was hit. The lawsuit also names Little League Baseball and Sports Authority, which sold the bat. It alleges the defendants knew, or should have known, that the bat was dangerous for children to use, according to the family's lawyer, Ernest Fronzuto. "People who have children in youth sports are excited about the lawsuit from a public policy standpoint because they hope it can make the sport safer," Fronzuto said after filing the suit Monday morning. "There are also those who are skeptical of the lawsuit and don't see the connection between Steven's injury and the aluminum bat." None of the allegations has been proven in court. Little League denies any wrongdoing, as does the bat manufacturer. Sports Authority has not responded to several telephone messages seeking comment. Steven was pitching in a Police Athletic League game when he was hit just above the heart by a line drive. His heart stopped beating and his brain was deprived of oxygen for 15 to 20 minutes, according to his doctors. Although he was not playing in a Little League game, the organization is being sued because it gave its seal of approval to the bat, certifying it as safe for use by children, Fronzuto said.</div> http://www.cbc.ca/sports/baseball/story/20...9/bat-suit.html
What a stupid ass lawsuit. It's the risk of playing the game. You don't sue a bat company because the product they created was used PROPERLY and the kid suffered from it. Mind as well sue the pitcher for throwing the pitch, the batter for swinging, and the ball for making contact with the kid. Stupid family. I understand they're in grief, but now they're just trying to exploit their child's injury for money. Disgusting.
Another thing--why buy the bat for the kid if the company should've known that it wasn't safe? As the parent, maybe they should've known, too. They need to take their fuckin' heads out of their fuckin' ass and realize it was a freak accident that occurred as a result of the game. I hate people who sue just for the **** of it.
In order to win, they'll have to prove that the bat in question is much more dangerous than other similar bats. Like, if they can prove that the ball bounces off the bat at a much higher rate of speed than other bats like it, then they can probably win the lawsuit. If they can't do that, then they have no case.
I thought it was illegal to use aluminum bats in little league baseball? Or maybe that was wooden bats, idk.
<div class='quotetop'>QUOTE (Black Mamba @ May 20 2008, 05:49 PM) <{POST_SNAPBACK}></div><div class='quotemain'>Stupid family. I understand they're in grief, but now they're just trying to exploit their child's injury for money. Disgusting.</div> Clearly, you've never had a family member suffer a brain injury. That's not why families file suit.
I didn't say families, did I. I was specifically talking about THIS family. Don't call me out on something I didn't say.
<div class='quotetop'>QUOTE (Black Mamba @ May 20 2008, 08:06 PM) <{POST_SNAPBACK}></div><div class='quotemain'>I didn't say families, did I. I was specifically talking about THIS family. Don't call me out on something I didn't say.</div> You know nothing about his condition, whether it is irreversable, and the annual cost of medical care. It could easily cost several hundred thousands of dollars per year to care for someone with a brain injury . . . indefinitely . . . yet without any factual support you contend that his family is trying to "exploit" his injury. DOn't worry; I'm finished here.
I don't want to sound like I'm trying to call them out or anything, but I really don't understand why they are going to sue Sports Authority.
<div class='quotetop'>QUOTE (Charles @ May 20 2008, 09:21 PM) <{POST_SNAPBACK}></div><div class='quotemain'>I don't want to sound like I'm trying to call them out or anything, but I really don't understand why they are going to sue Sports Authority.</div> Agreed. Pretty ridiculous. If anything, sue the Little League for allowing the kids to use aluminum bats.
There is no solid grounds for a lawsuit, no matter what the hell it cost them for medical care. It's a risk of playing the damn game. Do you think the family of the manager who got hit in the head and died last year while coaching at 1B sued or had a solid case? It's called the risks of playing. It's an injury associated with the sport unless the bat was illegal.
<div class='quotetop'>QUOTE (Charles @ May 20 2008, 08:21 PM) <{POST_SNAPBACK}></div><div class='quotemain'>I don't want to sound like I'm trying to call them out or anything, but I really don't understand why they are going to sue Sports Authority.</div> Strict liability law allows you to sue every party involved in the sale of a dangerous product, whether or not they were negligent or not. Even though a retailer may not be directly responsible for a faulty or defective product, by law, they still have a responsibility to sell safe products, and can be found liable for damages. Basically, if you are the victim of a faulty product, you have the right to sue everyone involved in the design, manufacture, and sale of that product.
<div class='quotetop'>QUOTE (Black Mamba @ May 20 2008, 06:49 PM) <{POST_SNAPBACK}></div><div class='quotemain'>What a stupid ass lawsuit. It's the risk of playing the game. You don't sue a bat company because the product they created was used PROPERLY and the kid suffered from it. Mind as well sue the pitcher for throwing the pitch, the batter for swinging, and the ball for making contact with the kid. Stupid family. I understand they're in grief, but now they're just trying to exploit their child's injury for money. Disgusting.</div> lol the kid was the pitcher. <div class='quotetop'>QUOTE (Dumpy @ May 20 2008, 09:15 PM) <{POST_SNAPBACK}></div><div class='quotemain'><div class='quotetop'>QUOTE (Black Mamba @ May 20 2008, 08:06 PM) <{POST_SNAPBACK}></div><div class='quotemain'>I didn't say families, did I. I was specifically talking about THIS family. Don't call me out on something I didn't say.</div> You know nothing about his condition, whether it is irreversable, and the annual cost of medical care. It could easily cost several hundred thousands of dollars per year to care for someone with a brain injury . . . indefinitely . . . yet without any factual support you contend that his family is trying to "exploit" his injury. DOn't worry; I'm finished here. </div> Realistically then, would it make sense to spend several hundred thousands of dollars per year to care for someone with a brain injury ... indefinitely. Or with the same amount of money be able to care for probably several hundred people per year in war torn countries, countries that are overpopulated, or famined, or in deplorable conditions.
<div class='quotetop'>QUOTE (pegs @ May 20 2008, 09:25 PM) <{POST_SNAPBACK}></div><div class='quotemain'><div class='quotetop'>QUOTE (Charles @ May 20 2008, 09:21 PM) <{POST_SNAPBACK}></div><div class='quotemain'>I don't want to sound like I'm trying to call them out or anything, but I really don't understand why they are going to sue Sports Authority.</div> Agreed. Pretty ridiculous. If anything, sue the Little League for allowing the kids to use aluminum bats. </div> If they use wood bats, one is going to break and the barrel of the bat will hit the kids head and give him brain damage. This is just the pussafacation of Kids today.
This lawsuit it crazy....I'm going to sue the family for making me dumber for having read thier reason for sueing...lol
