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.
Jul 31, 2014, 11:24 PM EDT
Royals robbed of their hottest hitter after quiet deadline day Thursday.
Jul 31, 2014, 11:19 PM EDT
Cliff Lee has aggravated the flexor pronator strain that has already cost him two months. It’s safe to say that his season is over.
Jul 31, 2014, 10:31 PM EDT
C.J. Wilson landed on the disabled list earlier this month due to an ankle sprain, but he’s due to rejoin the Angels’ rotation on Saturday.
Jul 31, 2014, 10:12 PM EDT
Keeping score in the aftermath of Thursday’s deadline deals.
Jul 31, 2014, 9:50 PM EDT
The arms race between the Athletics and Tigers is just too much fun.
Jul 31, 2014, 8:59 PM EDT
Angels left-hander Tyler Skaggs was working on a no-hitter against the Orioles this evening before he left his start with forearm tightness.
Jul 31, 2014, 7:45 PM EDT
Yoenis Cespedes t-shirt night is a little awkward now that he’s with the Red Sox, but the Athletics are going ahead with the giveaway anyway.
Jul 31, 2014, 6:58 PM EDT
For some reason, FOX 13 in Tampa Bay thought it was a good idea to make a classless joke about Detroit to console Rays fans following the David Price trade.
Jul 31, 2014, 6:16 PM EDT
Matt Cain’s ulnar collateral ligament has checked out fine, but he’s dealing with “loose bodies” in his throwing elbow and it’s unclear when he’ll pitch again.
Jul 31, 2014, 5:28 PM EDT
Once upon a time Andy Marte was one of the best prospects in baseball. He cracked Baseball America’s top 15 list in 2004, 2005, and 2006.
Jul 31, 2014, 5:15 PM EDT
You happy, Philly?
Jul 31, 2014, 4:52 PM EDT
The Braves get their lefty and a venerable super sub. The Cubs get an interesting catching prospect.
Jul 31, 2014, 4:46 PM EDT
Shortly after acquiring Stephen Drew and Martin Prado in separate trades this afternoon the Yankees announced that starting second baseman Brian Roberts has been designated for assignment.
Jul 31, 2014, 4:30 PM EDT
Some pitching heading Miami’s way.
Jul 31, 2014, 4:20 PM EDT
All month the assumption has been that the Twins would either sign Kurt Suzuki to a contract extension or trade the 30-year-old impending free agent in the middle of his career-year.
Jul 31, 2014, 4:16 PM EDT
A super sub at heart who can and will be used at multiple positions by the Yankees.
Jul 31, 2014, 4:15 PM EDT
Recapping all of Thursday’s dealings in one spot.
Jul 31, 2014, 3:59 PM EDT
How committed are the Red Sox to blowing up the roster? They just made a trade with the Yankees–the Yankees–sending shortstop Stephen Drew to New York just 39 games after re-signing him to a $10 million deal.
Jul 31, 2014, 3:55 PM EDT
With Price in town, a guy who one the AL MVP and Cy Young Award a couple of years ago is now the TIgers fourth starter.
Jul 31, 2014, 3:40 PM EDT
In search of infield help with Ryan Zimmerman on the disabled list again, the Nationals have acquired switch-hitting shortstop Asdrubal Cabrera from the Indians in exchange for minor leaguer Zach Walters.
- Cliff Lee placed on DL with recurrence of flexor pronator strain 13
- Winners and losers at the trade deadline 17
- 2014 Trade Deadline Tracker 48
- ACES GALORE: The Rays trade David Price to the Tigers 134
- Red Sox trade John Lackey to Cardinals for Allen Craig and Joe Kelly 88
- The Lester trade is a win-win 112
- Jon Lester, Jonny Gomes heading to Oakland for Yoenis Cespedes 165
- The State of the Trade Deadline: Yesterday was pretty sleepy. Will general managers wake up today? 40
- “Caucasians” t-shirts are hot sellers on Canadian Indian reservations (199)
- Jon Lester, Jonny Gomes heading to Oakland for Yoenis Cespedes (165)
- ACES GALORE: The Rays trade David Price to the Tigers (134)
- Rangers’ retirement gifts for Derek Jeter: Yankees cowboy boots, signed George W. Bush photo (126)
- The Lester trade is a win-win (112)