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.
Mar 28, 2015, 11:25 PM EDT
Let Marlins outfielder Ichiro Suzuki tell you how being a free agent is like being a puppy in a pet shop.
Mar 28, 2015, 10:35 PM EDT
Promising Mariners pitching prospect Victor Sanchez died on Saturday night after he was involved in an unfortunate boating accident in February.
Mar 28, 2015, 10:10 PM EDT
Outfielder Nate Schierholtz is a free agent again, opting out of his contract with the Rangers after a disappointing spring showing.
Mar 28, 2015, 9:05 PM EDT
Two baseball superstars put their talented display in spring training action on Saturday afternoon.
Mar 28, 2015, 8:05 PM EDT
More shoulder problems for Jaime Garcia, who has made 16 combined starts since the beginning of the 2013 season.
Mar 28, 2015, 7:15 PM EDT
Shane Victorino didn’t like the way a pair of radio personalities in Boston interpreted his desire to see the Red Sox acquire Cole Hamels from the Phillies.
Mar 28, 2015, 6:25 PM EDT
Giants minor league catcher Matt Paré discussed the thrifty lifestyles minor league players are forced into.
Mar 28, 2015, 5:30 PM EDT
Rodriguez is now batting .306 (11-for-36) with three home runs, a double and a .925 OPS across 15 games this spring.
Mar 28, 2015, 5:18 PM EDT
Lucas Duda is coming off a breakout year with the Mets and the two sides are now discussing a contract extension.
Mar 28, 2015, 4:13 PM EDT
Gregorius injured his wrist Saturday while trying to dive for a ground ball in the second inning.
Mar 28, 2015, 3:40 PM EDT
Doubront really struggled during Cactus League action, allowing nine runs on 17 hits (including two home runs) in seven innings across four appearances.
Mar 28, 2015, 2:51 PM EDT
Freeman owns a 3.33 ERA with a 61/34 K/BB ratio over 70 1/3 innings in the majors.
Mar 28, 2015, 2:15 PM EDT
The Orioles will already be without Matt Wieters on Opening Day as he makes his way back from Tommy John surgery and now suddenly J.J. Hardy’s status is also in question.
Mar 28, 2015, 1:32 PM EDT
Lindstrom, who was in camp this spring on a minor league contract, posted an ugly 11.12 ERA and 5/4 K/BB ratio over 5 2/3 innings during Cactus League action.
Mar 28, 2015, 12:45 PM EDT
Thorpe, 19, owns a 2.80 ERA and 179/54 K/BB ratio over his first 157 2/3 innings in pro ball.
Mar 28, 2015, 12:00 PM EDT
Yordano Ventura was recently named as the Royals’ Opening Day starter and he had a heck of a tuneup in his latest Cactus League outing last night.
Mar 28, 2015, 11:01 AM EDT
Phillies closer Jonathan Papelbon said last month that he would be interested in a trade to the Blue Jays and it appears that the possibility might still have some legs.
Mar 28, 2015, 10:11 AM EDT
Pelfrey owns an ugly 5.56 ERA in 34 starts dating back to 2013.
Mar 28, 2015, 9:30 AM EDT
An MRI showed “something” in Christian Vazquez’s right elbow.
Mar 28, 2015, 8:57 AM EDT
This isn’t what you want to hear with the start of the season just one week away.
- Mariners prospect Victor Sanchez has died 7
- 2015 Preview: Chicago White Sox 15
- Did David Ortiz admit to more than he realized with his Players’ Tribune editorial? 81
- 2015 Preview: Atlanta Braves 15
- David Ortiz: “Nobody in MLB history has been tested for PEDs more than me” 115
- 2015 Preview: Chicago Cubs 14
- Unsigned 2014 No. 1 overall pick Brady Aiken undergoes Tommy John surgery 61
- 2015 Preview: Seattle Mariners 15
- David Ortiz: “Nobody in MLB history has been tested for PEDs more than me” (118)
- Ex-Cardinals outfielder Curt Ford was assaulted in St. Louis and told to “go back to Ferguson” (116)
- College baseball player cut after making offensive tweet about Mo’ne Davis (115)
- Rob Manfred says it would be hard to reinstate Pete Rose in a limited way (89)
- Mo’ne Davis says college ballplayer who wrote an offensive tweet about her deserves a second chance (88)