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.

Rob Manfred says Tampa Bay must pick up pace on new stadium

Getty Images
2 Comments

ST. PETERSBURG, Fla. (AP) Baseball Commissioner Rob Manfred wants Tampa Bay to work a little quicker on getting the Rays a new ballpark.

Rays Principal Owner Stuart Sternberg has been working for nearly a decade to get a new stadium for the club and signed a three-year agreement with the City of St. Petersburg early in 2016 to search for a site in the Tampa Bay area. Manfred wants that search to pick up some steam.

“I think it’s fair to say we want the process to take on a better pace moving forward,” Manfred said Wednesday night at Tropicana Field, home of the Rays since their first season in 1998.

The Rays were averaging 15,815 fans per game before Wednesday night’s contest against the Toronto Blue Jays. That is just over half the major league average of 30,470. Tropicana Field and its location have been almost universally blamed as the reason for the poor attendance.

“I’ve been pretty clear that they need a new facility here, a major league quality facility in an A-plus location,” Manfred said. “It is time to move that decision to the front burner here in Tampa.”

The matter of how a stadium would be financed has been tabled until a site is determined, but Sternberg continued to express confidence in the Tampa Bay market.

“I’ve had the opportunity to bail on it many times over the years,” he said. “I won’t say this is a slam dunk, it’s certainly not. But I think we can do something that’ll at least double our attendance. That’s a lot to ask for.”

Manfred said Major League Baseball “doesn’t have a firm timetable” for what steps to take if the Rays fail to get an agreement to build a new stadium in the Tampa Bay area, but but added that “it is a topic of discussion in the industry, the lack of progress.”

More AP baseball: https://apnews.com/tag/MLBbaseball

Robinson Cano leaves game with hamstring tightness

Getty Images
Leave a comment

Bad news for the Mariners this evening: Robinson Cano left Seattle’s game against the Atlanta Braves with tightness in his left hamstring.

Cano walked off the field after legging out a double — his second of the game — in the third inning. He pulled up as he approached second base and walked off the field, accompanied by a trainer. There was no immediate word on the severity of the injury. The Mariners have a day off Thursday before opening a series at the Yankees on Friday night, so they have some time to evaluate him.

Cano is hitting .277/.377/.460 with 19 homers and 78 RBI on the year.