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

69 Comments

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.

Javier Baez: “This is a game. It’s not as serious as a lot of people take it.”

Denis Poroy/Getty Images
Leave a comment

Infielder Javier Baez is back in camp with the Cubs after helping Puerto Rico to a second-place finish in the 2017 World Baseball Classic. He was the focal point of what was, to many, the most memorable play of the entire tournament: Baez pointed at catcher Yadier Molina, who was attempting to throw out a would-be base-stealer, before applying the tag for the final out of the eighth inning.

While Baez didn’t receive much criticism for his theatrics, aside from an insignificant handful of spoilsports, he is one of the players who most exemplifies the emotional, celebratory culture that foreign players bring to Major League Baseball. U.S. (and Tigers) second baseman Ian Kinsler is on the other side of that spectrum, as he said prior to the WBC final that he hopes kids mimic the solemn way U.S. players play the game rather than the emotional, passionate way players from Puerto Rico and the Dominican Republic play the game.

Baez isn’t about to apologize for the way he and his teammates play the game. Via CSN Chicago’s Patrick Mooney, Baez said, “We do a great job playing and having fun out there. That’s what it’s all about. This is a game. It’s not as serious as a lot of people take it. but, you know, everybody’s got their style and their talent. I have a lot of fun.”

He continued, “It’s their choice to look at how we play, how excited we get. To us, it’s really huge what we did, even though we didn’t win. All of Puerto Rico got really together. We were going through a hard time over there and everything got fixed up for at least three weeks. Hopefully, they keep it like that.”

Mike Trout proposes change to spring training umpiring

Stephen Dunn/Getty Images
3 Comments

Angels outfielder Mike Trout came up with an idea that would allow less experienced umpires an opportunity to call some major league spring training action. As ESPN’s Buster Olney reports, Trout thinks the veteran umpires should only call five or six innings as they get back into regular season shape. The rest of the innings could be called by minor league umpires.

According to Olney, baseball officials loved Trout’s idea when they heard about it last week. One official said, “It makes a lot of sense for a lot of different reasons.” Another said, “That’s Trout — he’s always paying attention to stuff beyond what he’s doing.”

Of course, I have to agree that the suggestion is a great one. As Olney notes, the turnover rate for umpires every year is relatively low, so younger, less-experienced umpires have few opportunities to get a feel for what it’s like calling major league action. Even beyond the actual interpretation of the rules, interacting with big league personalities would also be helpful for minor league umpires.