Jul 14, 2014, 7:12 PM EST
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.
Feb 26, 2015, 11:02 PM EST
While Daniel Murphy would like to discuss a contract extension with the Mets, it looks like a foregone conclusion that he will test free agency after the 2015 season.
Feb 26, 2015, 9:49 PM EST
Braves outfielder Nick Markakis recently expressed frustration about how contract talks with the Orioles broke down over the winter.
Feb 26, 2015, 8:40 PM EST
Victorino gave up hitting from the left side late in 2013, but he’s ready to give it another shot.
Feb 26, 2015, 7:15 PM EST
It will be Harvey’s first game action since he underwent Tommy John surgery 16 months ago.
Feb 26, 2015, 6:06 PM EST
Santana hasn’t pitched in the majors since 2012 due to injury.
Feb 26, 2015, 5:17 PM EST
“I think hanging it up is going to be harder for guys than they realize, after being out of it for a year.”
Feb 26, 2015, 3:40 PM EST
But it’s a very different kind of battle.
Feb 26, 2015, 3:18 PM EST
Milwaukee out, Toronto in?
Feb 26, 2015, 2:06 PM EST
Shame on A-Rod for making the reporters obsess about him.
Feb 26, 2015, 1:34 PM EST
Maybe THIS is the year he finally stops swinging at everything
Feb 26, 2015, 1:19 PM EST
Wainwright has been diagnosed with an abdominal strain.
Feb 26, 2015, 12:30 PM EST
It’s been two and a half years, but it still leaves a “dirty taste” in his mouth.
Feb 26, 2015, 11:47 AM EST
Pena once looked like a potential star for the Reds and Red Sox, but then washed out by age 26.
Feb 26, 2015, 11:32 AM EST
He also (a) wants to emulate Greg Maddux; and (b) asked Sandy Koufax about his curveball.
Feb 26, 2015, 11:00 AM EST
Welcome to 2002, Ruben Amaro!
Feb 26, 2015, 10:49 AM EST
It’s still early, but …
Feb 26, 2015, 10:23 AM EST
Two weeks ago Francisco Rodriguez was said to be holding out for a two-year contract.
Feb 26, 2015, 10:04 AM EST
The Marins are protecting their investment.
Feb 26, 2015, 9:37 AM EST
Even if Mike Lupica thinks they will be soon.
Feb 26, 2015, 9:00 AM EST
Spring training is starting poorly for Toronto.
- Francisco Rodriguez re-signs with the Brewers 8
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended 267
- Pirates open to massive extension for Andrew McCutchen 16
- Report: Josh Hamilton had a relapse this offseason that “involved at least cocaine” 85
- Yankees don’t plan on having to pay A-Rod’s $30 million in home run milestone bonuses 49
- Rob Manfred says a return to a 154-game season could happen one day 66
- Report: The Yankees were “fuming” at how A-Rod handled his early arrival to spring training 114
- If addiction is an illness — and it is — Josh Hamilton shouldn’t be suspended (271)
- Report: The Yankees were “fuming” at how A-Rod handled his early arrival to spring training (114)