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.
Sep 23, 2014, 12:02 PM EDT
But signing a guy to a multi-year deal after his first above average year in seven seasons is not exactly a winning move.
Sep 23, 2014, 11:12 AM EDT
No matter what happens to him for the rest of his life, Guilder Rodriguez can say he was a major leaguer.
Sep 23, 2014, 10:49 AM EDT
Great Moments in Security Theater
Sep 23, 2014, 10:06 AM EDT
Really, I can’t make any sense of this.
Sep 23, 2014, 9:45 AM EDT
With 180 innings pitched, Dan Haren’s $10 million option kicked in.
Sep 23, 2014, 9:10 AM EDT
He has won 19 or 20 games four times in his last five seasons.
Sep 23, 2014, 8:40 AM EDT
Get your tall boots on, boys, because the Braves president is shoveling.
Sep 23, 2014, 8:23 AM EDT
Hitting the cutoff man is overrated
Sep 23, 2014, 6:29 AM EDT
Twelve games, six shutouts. And the Mariners and Indians lose ground.
Sep 22, 2014, 11:36 PM EDT
Jeter has caught fire with only days remaining in his career.
Sep 22, 2014, 10:23 PM EDT
Danny Duffy tossed six scoreless innings in his return from left rotator cuff inflammation.
Sep 22, 2014, 9:36 PM EDT
Sergio Romo and Shawon Dunston “exchanged heated words with raised voices” before Bruce Bochy intervened.
Sep 22, 2014, 8:55 PM EDT
Shoemaker came out of nowhere to go 16-4 with a 3.07 ERA and 124/24 K/BB ratio in 136 innings as a 27-year-old rookie, including a 9-1 record and 1.49 ERA in 67 innings since late July.
Sep 22, 2014, 8:21 PM EDT
Tomas, 23, could reportedly command a $100 million contract.
Sep 22, 2014, 7:55 PM EDT
Former major league pitcher and current player agent Dave Stewart is viewed as the overwhelming favorite for the job.
Sep 22, 2014, 7:49 PM EDT
Rough day for the Wren family.
Sep 22, 2014, 7:01 PM EDT
In his first full season as a starter Ross finishes with a 2.81 ERA and 195 strikeouts in 196 innings.
Sep 22, 2014, 6:43 PM EDT
The Royals made it interesting, but the Indians hung on for a 4-3 victory.
Sep 22, 2014, 6:28 PM EDT
In other words: He won’t be an option again this season even if the Mariners make a deep playoff run.
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- And That Happened: Monday’s scores and highlights 19
- Frank Wren fired as Braves GM, John Hart to take over on an interim basis 42
- AND DOWN THE STRETCH THEY COME! Sizing up the final week of the regular season 36
- Must-Click Link: Derek Jeter opens up. Seriously, he really does. 45
- And That Happened: Sunday’s scores and highlights 58
- Must-click link: Tommy Harper and the Red Sox’ racist past 58
- Settling the Score: Saturday’s results 34
- Geddy Lee’s baseball obsession makes it really hard for me to hate Rush (124)
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- Ron Washington claims he resigned because he cheated on his wife (103)
- Giants CEO Larry Baer thinks advertisements on uniforms are coming soon (88)
- Umpire ejects jackwagon fan heckling Bryce Harper in Atlanta last night (85)