Jul 14, 2014, 7:12 PM EDT
It was reported back in 2012 that the Braves were sued by the family of a six-year-old girl whose skull was fractured by a foul ball during a game at Turner Field on August 30, 2010. The case is moving forward for now.
According to Bill Rankin of the Atlanta-Journal Constitution, the Georgia Court of Appeals has declined to dismiss the lawsuit against the team. In addition, they will not adopt “The Baseball Rule,” which is potentially significant.
The rule, already in force in other states, says if a stadium operator provides screening behind home plate — the most dangerous place in the stands — and enough seats for spectators who want to sit there, it cannot be held liable for balls and bats that enter the stands and cause injuries.
The Braves, joined by the office of Major League Baseball’s Commissioner, Bud Selig, had asked the court to impose the rule, which would have essentially rendered the father’s lawsuit null and void.
The appeals court upheld a ruling by Fulton County State Court Judge Patsy Porter who declined to declare the “Baseball Rule” is Georgia law.
“At this stage of this litigation, we find no error in the trial court’s refusal to make such a declaration of law,” wrote Judge Elizabeth Branch for a unanimous three-judge appeals court panel.
The child was struck by a foul ball off the bat of then-Braves outfielder Melky Cabrera while sitting behind the third base dugout. As a result, she fractured her skull in 40 places and suffered a traumatic brain injury. The family believes that the netting should be extended at MLB stadiums due to the danger of batted balls.
Lawsuits such as this one are rarely successful. Still, there has been some momentum against “The Baseball Rule” of late, as the Idaho Supreme Court ruled last year that a man could seek damages after he was hit with a foul ball during a minor league game in 2008 and lost his eye.
When you buy a ticket, you are warned about the dangers of potential batted and thrown balls or broken or thrown bats, but whether children are truly capable of protecting themselves is an important question. Extending the screens along the baselines likely won’t happen, but MLB and teams should do more to warn people about how dangerous it is to sit in these specific areas, especially with how many distractions there are in ballparks these days.
Aug 30, 2014, 9:35 AM EDT
The two homers traveled a combined 858 feet.
Aug 30, 2014, 8:57 AM EDT
A quick recap of a busy Friday around MLB, including an AL West showdown.
Aug 29, 2014, 11:05 PM EDT
Hyun-Jin Ryu will return to the Dodgers’ rotation on Sunday after recovering from a strained glute.
Aug 29, 2014, 10:30 PM EDT
Eric Campbell stole home against the Phillies, helping the Mets improve to 12-5 against their NL East rival this season.
Aug 29, 2014, 9:42 PM EDT
The injury-ravaged Rangers managed to tie a major league record for all the wrong reasons when they called up Ryan Rua from Triple-A on Friday.
Aug 29, 2014, 8:15 PM EDT
A day after Bruce Chen allowed six runs in the 10th inning of the Royals’ loss to the Twins on Thursday, the Royals designated the lefty for assignment.
Aug 29, 2014, 7:22 PM EDT
The Mariners have ended Jesus Montero’s season so he can address his “non-baseball issues”, a day after he went after a scout who was heckling him.
Aug 29, 2014, 7:15 PM EDT
The Mets could be without Daniel Murphy for most or all of the rest of the season, as the second baseman deals with a strained right calf.
Aug 29, 2014, 6:25 PM EDT
Joey Votto hasn’t been progressing as well from his quad injury as the Reds would have liked.
Aug 29, 2014, 5:38 PM EDT
He’s in the lineup tonight, batting sixth against the Cubs.
Aug 29, 2014, 5:17 PM EDT
Whether this will turn into a Michael Young situation or a Derek Jeter situation is an open question.
Aug 29, 2014, 5:00 PM EDT
Sad news for a once-great reliever.
Aug 29, 2014, 4:42 PM EDT
No doctor appointments are scheduled as a result, but soreness is not great news.
Aug 29, 2014, 4:17 PM EDT
If you’re going to make the same arguments for him you did the past two years, you may want to re-think things.
Aug 29, 2014, 3:27 PM EDT
There can be only THREE!! True outcomes, that is.
Aug 29, 2014, 3:04 PM EDT
Which is the right thing to do.
Aug 29, 2014, 2:24 PM EDT
Never mind that the dude has only been legally allowed inside a bar for about two years.
Aug 29, 2014, 1:53 PM EDT
The plot thickens. And becomes creamier. And is spread nicely between some two thin, chocolate cakes.
Aug 29, 2014, 1:42 PM EDT
It’s a bit early for this, of course.
Aug 29, 2014, 12:26 PM EDT
Could one or both of them be gone before the 2015 season begins?
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- Settling the Score: Friday’s results 3
- Mariners end Jesus Montero’s season 34
- Troy Tulowitzki says he’ll retire before he switches positions 29
- Mike Trout is the best MVP choice, but . . . 40
- Baseball is dying, you guys, because no one would recognize Mike Trout in a bar 72
- And That Happened: Thursday’s scores and highlights 75
- Alex Gordon and the M-V-P chants 44
- Could women play major league baseball? Sure. Right now, though, the deck is stacked against them. (220)
- Forgiveness for Pete Rose? Not in this lifetime (146)
- Albert Pujols plays the “you never played the game!” card (104)
- Great Moments in Drug Testing and Punishment: The NFL Edition (101)
- And That Happened: Thursday’s scores and highlights (75)