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 4, 2015, 4:14 PM EDT
A shocking announcement from the Tigers today.
Aug 4, 2015, 3:45 PM EDT
He has a strained forearm.
Aug 4, 2015, 3:12 PM EDT
No Royals were suspended.
Aug 4, 2015, 3:00 PM EDT
He calls it a “hail Mary”
Aug 4, 2015, 2:46 PM EDT
In between the DL stints Freeman played just 10 games.
Aug 4, 2015, 1:19 PM EDT
He played two games for the Yankees.
Aug 4, 2015, 12:27 PM EDT
Incredible numbers for a 20-year-old shortstop.
Gregg Zaun to Yordano Ventura: “stop writing checks with your mouth that your skinny ass can’t cash”
Aug 4, 2015, 11:44 AM EDT
Gregg Zaun, as always, providing a voice of reason.
Aug 4, 2015, 10:30 AM EDT
He’s pitcher number two they received in the David Price deal.
Aug 4, 2015, 10:15 AM EDT
“I only have one head.”
Aug 4, 2015, 9:48 AM EDT
Not having access to athletes and coaches would be a bummer at first, but over time the press would do just fine with it.
Aug 4, 2015, 8:44 AM EDT
Congratulations to Mike Hessman. The greatest minor league lifer of them all.
Aug 4, 2015, 8:02 AM EDT
A.J. Pierzynski is a national freakin’ treasure.
Aug 4, 2015, 7:22 AM EDT
A few weeks ago I had no idea what an Adonis Garcia even was.
Aug 3, 2015, 11:01 PM EDT
Rangers third baseman Adrian Beltre hit for the cycle tonight against the Astros. And he needed just five innings to do it.
Aug 3, 2015, 10:25 PM EDT
It’s August 3 and the Mets are all alone in first place in the National League East.
Aug 3, 2015, 10:03 PM EDT
Mike Hessman is the new minor league home run king.
Aug 3, 2015, 9:36 PM EDT
Nationals right-hander Stephen Strasburg has been sidelined since July 4 with a left oblique strain, but it sounds like he’s rounding into form for the stretch run.
Aug 3, 2015, 9:13 PM EDT
The Braves are calling him day-to-day, but these type of injuries are notoriously tricky.
Aug 3, 2015, 9:01 PM EDT
Clayton Richard tossed six innings of one-run ball in a win over the Padres on Sunday, but he was designated for assignment by the Cubs today for the second time in the past two weeks.
- Dave Dombrowski out as Tigers General Manager, team president, Al Avila takes over 0
- Blue Jays’ Aaron Sanchez, John Gibbons disciplined in the wake of Sunday’s plunkings 28
- Believe the hype: Carlos Correa is already a superstar 22
- Gregg Zaun to Yordano Ventura: “stop writing checks with your mouth that your skinny ass can’t cash” 89
- And That Happened: Monday’s scores and highlights 55
- Adrian Beltre needs just five innings for the third cycle of his career 16
- Mets blow out Marlins, move past Nationals for first place in NL East 26
- Yordano Ventura calls Jose Bautista a “nobody” and accuses him of stealing signs 73
- The benches cleared in Friday’s Giants-Rangers game (208)
- Blue Jays acquire David Price from the Tigers (113)
- Rangers land ace left-hander Cole Hamels from Phillies (106)
- Royals make another big move, get Ben Zobrist from A’s (95)
- Report: Rockies trade Troy Tulowitzki to Blue Jays for Jose Reyes and prospects (92)