Parents to Sue Maker of Metal Baseball Bats Over Son's Injury

Fox News ^ | May 17, 2008 | Associated Press

[MissouriConservative]

WAYNE, N.J. — A New Jersey couple, whose son was struck in the chest with a line drive, is planning to sue the maker of a metal baseball bat used in the game.

An attorney says Domalewski will need millions of dollars worth of medical care for the rest of his life.

[ImaGraftedBranch]

I remember pitching in the Babe Ruth league. A fastball down the pipe, and a line-drive back at my legs before I could react. I was jumping up when it hit my ankle and caused me to completely flip in the air.

Must have been the funniest thing in the world because everyone in the stands was laughing.

Not me!

Should I sue?
lol

[RightWhale]

What I don’t like about the metal bats is the sound they make when the opposing team hits one deep and over the fence. But, our centerfielder mashed a ball so hard once the bat was bent and never sounded the same again.

[Condor51]

*** Then, by extension of your logic, aluminum bat manufacturer’s should be allowed to produce bats that generate exit velocities of say 120 mph, 150 mph, 200 mph, or perhaps 250 mph? That is like saying that defense contractor’s should produce aircraft that can pull 20X more “G’s” than human pilots can consciously withstand? ***

No, not by any logic.

First off I don't like Alum bats. IMO they've ruined leagues where they are allowed as they give an advantage to the batter (info from link on thread) and result in higher 'bogus' batting averages. That being said, the fact is that Alum bats have been tested and deemed safe for use in those leagues and the extra power is minimal (again, from the link), especially at Little League level .

Now at MLB level its a totally different animal and that's why they can't and never will be used. A slugger like Jim Thome of the White Sox would KILL players with an Alum bat (as it is the infielders play on the outfield grass when he bats).

The bottom line is it gets back to this kid and his parents. Even if a wood Ash bat was used would the results have been the same, nobody knows. It was a freak accident. But since these parents are intent on suing I'd definitely bring his training into account. Did good ole dad ever teach the kid to play defense, to 'defend his position'. The basics of Baseball haven't changed since I played eons ago, and 'defense' was taught to all Pitchers, first by their father then a coach when they joined a team. Excuse me, 'made' a team (yep, we had 'standards', not everyone got to play on a team)

[buck jarret]

Why not?

[SoftballMominVA]

The parents should sue themselves for not purchasing a $25 "Heartstop" that is worn under the jersey. It's a shirt with a hard plastic liner that covers the chest area and provides invaluable protection from this exact type of injury.

I would never, ever allow a child to play infield without one of these.

[SoftballMominVA]

Then, by extension of your logic, aluminum bat manufacturer’s should be allowed to produce bats that generate exit velocities of say 120 mph, 150 mph, 200 mph, or perhaps 250 mph?

Currently, bat manufacturers are limited to "98" bats. This is down from "101" My daughter plays with a "101" that was grandfathered in when the change occurred in 2004. However, there are some non-sanctioned slow pitch bats that are still in use that exceed even 105 - but they would never be seen in a league of 18 and under children.

[Xa Shue]

I honestly cannot believe so many have missed the obvious solution:

1) Hold a Congressional Hearing on Little League Safety
2) Blame George Bush
3) Obama promises that when he is President, he will put an end to all youth-sport injuries.

[Hot Tabasco]

The reason why youth leagues don’t speak out is because these companies donate lost of money to support these programs

ASA Softball regulations require umpires to inspect bats prior to the start of their games. The ASA has mandated that bats able to hit a softball in excess of 98 MPH are not to be used. At their website they have all the info relevant to what bats are approved and which ones have been banned.

The manufacturers know this and the make their bats accordingly.

Rather than blame the manufacturers, the logical course of action would be for the governing agencies of kids baseball to determine the qualifications of the bats. For all I know, maybe they already do that.....

[Hot Tabasco]

I would never, ever allow a child to play infield without one of these.

Don't take this the wrong way but the kid has a greater chance of having a serious head injury or his front teeth knocked out or nose busted from a bad hop or a collision with a baserunner. Shouldn't he be wearing a helmet with a face guard too?

[Hot Tabasco]

many years ago

Hey, I'm now 57 and after about a 12 - 15 year hiatus from softball, I just hooked up with a 55 and over senior team. They all know how to play the game but they can't run, can't throw and don't hit as far as they used to. Since I'm new to the team, I asked the coach if it was a rehabilitation team because one guy just had hip replacement, another guy just had quadruple bypass in March and the manager had quadruple bypass a few years ago. Several of the other guys had heart problems too but are still playing.

[EagleandLiberty]

WTF? I believe we are to SUE happy nowadays.

[Dionysius]

What about the baseball? If it had been horsehide rather than cowhide, the poor kid would have been spared the injury. And if his jersey had been kevlar instead of cotton? And if his glove had been lighter weight? What about his coach that put him in when he clearly could have foreseen the injury? And the batter who surely aimed for him with malicious intent? And his parents for having him? And the entity that constructed the field? Ah, so many law suits and so little time!

[dread78645]

... I was jumping up when it hit my ankle and caused me to completely flip in the air.
Must have been the funniest thing in the world because everyone in the stands was laughing.
...
Should I sue?

Dear Heels-over-Head,

Of course you should sue.
This is America. How else will you ever get your dignity and self-esteem back unless you sue the spectators for the emotional distress they caused by laughing at you?
I'm sure you can recover a whole lot of self-esteem with a couple of million of dollars, right?
Let me know how it turns out.

Hugs,
Little League Mama

[tobyhill]

Wimpifying of a nation in progress. Aluminum bats have been used in Little League for years now and if that part of the game is to be sued on then the makers of the baseball could also be sued.

[BlueLancer]

Not being a power hitter, either in LLB or church-league/US Army unit-level softball, I trained myself to hit every pitch that I could straight back through the pitcher, right through second base. Over 43 years of playing baseball and softball, I probably have somewhere around a .400 average, with nothing more substantial than clean doubles (and some pretty ugly looking triples). I've never hit an over-the-fence homerun. I have NEVER used an aluminum bat because I don't like the feel of the ball hitting it; I've always used wooden bats.

To be completely honest, I've never felt bothered about making the pitcher work for his survival on the pitcher's mound. If he wants to stand there like a statue, he's going to get it right between the eyes .. or between the legs depending on the ball's angle off the bat. I've chased more pitchers off the mound than I can remember and have laid out unconscious several dozen others.

You pays your money and you takes your chances.

[traviskicks]

bookmark

[Crawdad]

The meeting of assumption of risk and guilt is never pleasant.

[Irish Eyes]

Thanks rabidralph, I could not remember which woods they were made of now maple vs ash.

[Clintonfatigued]

I don’t really blame the parents- what they must be going through is beyond awful. Hopefully, some kindly people will help with the medical bills. But they’re letting their grief cloud their thinking, perhaps with the help of a greedy trial lawyer.