Turner Field

Georgia Court of Appeals declines to dismiss foul ball lawsuit against Braves

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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.

Report: Rays nearing a deal with Shawn Tolleson

ST. LOUIS, MO - JUNE 18: Reliever Shawn Tolleson #37 of the Texas Rangers pitches against the St. Louis Cardinals in the eighth inning at Busch Stadium on June 18, 2016 in St. Louis, Missouri.  (Photo by Dilip Vishwanat/Getty Images)
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Marc Topkin of the Tampa Bay Times reports that the Rays and free agent reliever Shawn Tolleson are close to finalizing a contract.

Tolleson, who turns 29 years old on Thursday, had an ugly 2016 season, finishing with a 7.68 ERA and a 29/10 K/BB ratio in 36 1/3 innings. He was one of the Rangers’ best relievers in the two seasons prior to that, however, which included saving 35 games in 2015.

It’s not known yet what kind of contract the two sides are negotiating. It could be a minor league contract with an invitation to spring training, a non-guaranteed major league contract, or a guaranteed major league contract.

President Obama pardons Willie McCovey

SAN FRANCISCO, CA - APRIL 06:  San Francisco Giants legend Willie McCovey  waves to the crowd while seating between Jeff Kent (L) and Willie Mays during a ceremony honoring Buster Posey for winning the 2012 National League MVP before the Giants game against the St. Louis Cardinals at AT&T Park on April 6, 2013 in San Francisco, California.  (Photo by Ezra Shaw/Getty Images)
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The big presidential pardon news today concerns the commutation of Chelsea Manning’s sentence. We’ll leave that aside. For our purposes, know that someone in the world of baseball was pardoned: Willie McCovey.

Yes, Hall of Famer Willie McCovey, who in 1995 pleaded guilty to income tax fraud related to the non-reporting of income received from memorabilia and autograph shows. Duke Snider pleaded guilty alongside McCovey. They were given two years probation and fines of $5,000. Snider died in 2011. McCovey still works with the San Francisco Giants as a senior advisor and goodwill ambassador.

President Obama’s release of McCovey’s pardon was pretty succinct. But it’s enough to scrub the record of one of the greatest sluggers of all time.