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.
Dec 18, 2014, 6:41 PM EST
Is this the beginning of the end for the Tampa Bay Rays?
Dec 18, 2014, 6:07 PM EST
Johnson missed the entire 2014 season after undergoing Tommy John surgery in late April.
Dec 18, 2014, 6:00 PM EST
Does Ichiro really have one more year left in him?
Dec 18, 2014, 5:40 PM EST
Veteran catching depth.
Dec 18, 2014, 5:17 PM EST
Giavotella is a career .315 hitter with an .835 OPS and as many walks as strikeouts in nearly 2,000 plate appearances at Triple-A.
Dec 18, 2014, 4:47 PM EST
He’s probably not the one who knocks. Indeed, this crew seemed so amateurish he probably called first to make sure it was a good time for everyone.
Dec 18, 2014, 4:17 PM EST
It started with an argument over candy.
Dec 18, 2014, 3:34 PM EST
Between Cuba and North Korea, it’s been a big couple of days for communism. Let’s see what communists thought about baseball once upon a time.
Dec 18, 2014, 3:18 PM EST
Medlen missed all of this year recovering from his second Tommy John elbow surgery.
Dec 18, 2014, 3:00 PM EST
What a difference a day makes.
Dec 18, 2014, 2:38 PM EST
Rollins is not tied to Kemp, at least not entirely.
Dec 18, 2014, 1:06 PM EST
Baseball card collecting in the post-bicycle spokes, pre-crash world of the 1980s.
Dec 18, 2014, 12:17 PM EST
And the Padres “continue to consult medical experts.”
Dec 18, 2014, 11:39 AM EST
Let’s pump the brakes a bit on the imminent MLB takeover of Cuba.
Dec 18, 2014, 10:47 AM EST
Quotes from manager Buck Showalter.
Dec 18, 2014, 10:30 AM EST
The city council will vote on the deal allowing the team to look for a new stadium site.
Dec 18, 2014, 10:15 AM EST
Okajima, who pitched six years in the majors for the Red Sox and briefly the A’s, has signed with the Yokohama Bay Stars.
Dec 18, 2014, 9:58 AM EST
He profiled as a back-of-the-rotation starter in the United States.
Dec 18, 2014, 9:41 AM EST
It won’t be a free agent free-for-all and it likely won’t be a draft. So how will the Cuban baseball players come to the United States?
Dec 18, 2014, 8:55 AM EST
Sadly, it is not Rudy Law. Though it is one of his teammates.
- St. Petersburg City Council votes down deal to allow Rays to look for new stadium site 7
- What will the future of Cuban players in MLB look like? 24
- Royals sign Edinson Volquez for two years, $20 million 28
- Rays, Padres, Nationals agree to 11-player trade 97
- Sergio Romo re-signs with the Giants for $15 million 15
- So, apparently we’re sweating the Matt Kemp physical now 46
- The United States will seek to normalize relations with Cuba 144
- Marlins complete Michael Morse deal: two years, $16 million 19
- Baseball’s highest-ranking Hispanic woman employee sues for discrimination (163)
- The United States will seek to normalize relations with Cuba (144)
- Cubs, Red Sox, Dodgers, Padres, Rangers, and Astros interested in Phillies’ Cole Hamels (110)
- Done Deal: Yoenis Cespedes and two players traded to Detroit for Rick Porcello and a minor leaguer (105)
- Rays, Padres, Nationals agree to 11-player trade (97)