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.
Nov 26, 2014, 2:30 PM EST
It sorta makes sense I guess, even if it never goes down.
Nov 26, 2014, 2:14 PM EST
Rodriguez was projected to make around $2 million via arbitration.
Nov 26, 2014, 1:40 PM EST
An intriguing scrap-heap pickup for the Rays.
Nov 26, 2014, 1:15 PM EST
This year he played at Triple-A for the Angels, hitting .332 with 25 homers and a 1.017 OPS in 95 games.
Nov 26, 2014, 12:59 PM EST
Ronald Guzman is the Rangers’ 17th-ranked prospect.
Nov 26, 2014, 11:19 AM EST
Capuano is 36 years old, so finding a guaranteed big-league job for 2015 could be difficult.
Nov 26, 2014, 10:47 AM EST
Drafted in 2012, free agent in 2014.
Nov 26, 2014, 10:30 AM EST
Nov 26, 2014, 10:15 AM EST
Either the Rangers or the Twins had the winning bid.
Nov 26, 2014, 9:44 AM EST
Need some dingers? I know a guy who can get you some dingers, man.
Nov 26, 2014, 9:13 AM EST
So who plays third base?
Nov 26, 2014, 8:00 AM EST
It’s like clockwork. A team signs a big free agent or two and someone argues that baseball is doomed without a salary cap. It’s always baloney, of course.
Nov 25, 2014, 10:12 PM EST
Max Scherzer, a client of Scott Boras, seems comfortable with slow-playing this market. We’ve seen loads of rumors and reports involving the other prominent free agent ace, Jon Lester, but it’s hard to identify which teams are in the running at the moment for Max. The Giants may be one …
Nov 25, 2014, 8:47 PM EST
Via Jeeho Yoo of Seoul’s Yonhap News, right-hander Lucas Harrell and outfielder Jim Adduci both agreed to one-year deals Tuesday in the Korea Baseball Organization — Harrell with the KIA Tigers for $900K and Adduci with the Lotte Giants for $650K.
Nov 25, 2014, 7:51 PM EST
Arizona has been mentioned before as a potential landing spot for Cuban outfielder Yasmany Tomas, but it was never really considered a strong likelihood. Maybe that perception should be changing …
Nov 25, 2014, 6:38 PM EST
The Red Sox have officially introduced Hanley Ramirez and his new four-year, $88 million pact. Juan Francisco was DFA’d in the process.
Nov 25, 2014, 5:40 PM EST
Darvish missed the final six weeks of the season with an elbow injury.
Nov 25, 2014, 5:25 PM EST
Possibly well-intentioned, possibly grandstanding. But it’s hard to see how this is in Congress’ bailiwick.
Nov 25, 2014, 4:46 PM EST
What would happen to Lonnie Chisenhall?
Nov 25, 2014, 3:46 PM EST
Based on what we know at the moment, the Cubs’ offer is the richest one out there.
- No, the Red Sox signing Pablo and Hanley is not proof that baseball needs a salary cap 142
- Red Sox announce four-year, $88 million deal with Hanley Ramirez, DFA Juan Francisco 33
- The Cubs have offered Jon Lester “north of $135 million” 66
- Pablo Sandoval’s deal: five years, $98 million plus an option 42
- Kyle Seager, Mariners close to $100 million extension 25
- The 2015 Hall of Fame ballot is out — Randy Johnson, Pedro Martinez are new on the ballot 286
- So what would the Red Sox look like with Hanley Ramirez and Pablo Sandoval? 49
- UPDATE: Red Sox finalizing a 4-year, $88 million deal with Hanley Ramirez, with a vesting option 35
- The 2015 Hall of Fame ballot is out — Randy Johnson, Pedro Martinez are new on the ballot (286)
- No, the Red Sox signing Pablo and Hanley is not proof that baseball needs a salary cap (143)
- More Hall of Fame ballots like Adam Rubin’s please (138)
- UPDATE: The Pablo Sandoval-Red Sox deal is done, pending a physical (133)
- Report: Pablo Sandoval chose the Red Sox over the Giants because he felt disrespected (132)