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, 2015, 11:55 PM EDT
Giancarlo Stanton is getting close to returning to the Marlins. He’s slated to begin a rehab stint on Tuesday.
Aug 30, 2015, 11:31 PM EDT
Jake Arrieta struck out Chase Utley to complete his first career no-hitter.
Aug 30, 2015, 11:14 PM EDT
Jake Arrieta made history on Sunday night, tossing a no-hitter against the Dodgers.
Aug 30, 2015, 11:05 PM EDT
Aaron Harang wasn’t claimed when the Phillies put him on waivers, so any team can try and negotiate a trade if they’re desperate for rotation help.
Aug 30, 2015, 10:15 PM EDT
The Padres got Chris Rearick back, claiming him off waivers from the Rangers on Sunday.
Aug 30, 2015, 9:51 PM EDT
The Blue Jays are expected to name Mark Shapiro as the new team president.
Aug 30, 2015, 9:25 PM EDT
The Braves were demolished by the Yankees on Sunday.
Aug 30, 2015, 8:35 PM EDT
Tim Lincecum may have thrown his last pitch as a member of the Giants after suffering another setback in his recovery from hip and back injuries.
Aug 30, 2015, 7:45 PM EDT
David Ortiz has sole possession of 27th place on baseball’s all-time home run leaderboard.
Aug 30, 2015, 6:55 PM EDT
The Phillies added bullpen depth on Sunday, claiming Ken Roberts off waivers from the Rockies.
Aug 30, 2015, 6:05 PM EDT
Curtis Granderson was prompted to say something controversial, so he did.
Aug 30, 2015, 5:22 PM EDT
The 27-year-old missed most of July with an oblique strain and most of June with a trapezius strain.
Aug 30, 2015, 4:15 PM EDT
Royals right-hander Jeremy Guthrie is doing some fine side work in his new long relief role …
Aug 30, 2015, 3:28 PM EDT
Josh Hamilton is likely to be activated off the disabled list Tuesday, September 1 when major league rosters expand, but it sounds like he’s going to be limited to pinch-hitting duties for a while.
Aug 30, 2015, 2:34 PM EDT
Machi owns a rough 5.21 ERA in 46 2/3 total innings this season between San Francisco and Boston, but the out-of-contention Red Sox will simply roll with what’s currently working as they play out the string.
Aug 30, 2015, 1:47 PM EDT
Josh Donaldson got Sunday Funday started early in Toronto with this first-inning solo blast …
Aug 30, 2015, 1:20 PM EDT
A.J. Burnett has been out since late July with a strained flexor tendon in his right arm. There was some thought initially that the injury would be a season-ender (and thus career-ender) for the 38-year-old, but he’s beginning to make significant progress.
Aug 30, 2015, 12:43 PM EDT
Data really is beautiful.
Aug 30, 2015, 11:59 AM EDT
This is probably a case of the ‘Stros playing it safe with a young star. They do have a four-game lead in the American League West standings and Correa has been pushed hard over the last three months.
Aug 30, 2015, 11:01 AM EDT
Cardinals right-hander Lance Lynn rolled his right ankle in the eighth inning of a shutout bid Saturday against the Giants and had to be pulled from the game, but it sounds like he is going to be fine.
- Video: Jake Arrieta strikes out Chase Utley to complete his no-hitter 3
- Jake Arrieta no-hits the Dodgers with 12 strikeouts 19
- Blue Jays will name Mark Shapiro as the new team president 9
- Lance Lynn expects to make next scheduled start despite suffering ankle injury Saturday 2
- Cubs expected to call up Javier Baez on September 1 6
- Settling the Score: Saturday’s results 13
- A fan died at Turner Field after falling from the upper deck 55
- Mets acquire Addison Reed from the Diamondbacks 10
- Sarah Palin sticks up for Curt Schilling, tells ESPN to “stick to sports” (266)
- Dan Patrick: When does ESPN cut ties with Curt Schilling? (200)
- Curt Schilling taken off of Little League World Series duty for making a really bad tweet (170)
- Curt Schilling taken off of ESPN’s Sunday Night Baseball telecast this week (134)
- Phillies announcer calls Mets fans “obnoxious” (123)