Turner Field

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


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.

The Days of Chief Wahoo are numbered

Fox Entertainment

One of the more common responses to what I’ve posted about Chief Wahoo lately is “it’s just a cartoon character! Nobody cares!”

Well, looking at that guy in the photo above and many others dressed like him at Progressive Field the past two days is evidence that it is not just a cartoon character. A certain swath of Indians fans think that, because of their team’s name and mascot, it’s totally acceptable to show up in public looking like this. Wahoo as an official trademark of a Major League Baseball club gives people license to dress up in redface — or in this case, red and blackface — with headdresses on, turning a real people and a real culture into a degrading caricature. It’s not just a cartoon character by a long shot. To many it’s a get-out-being-called-a-racist-free card.

As for “nobody cares,” well, yes, someone does. Go read this from Sterling HolyWhiteMountain over at ESPN, talking about both Chief Wahoo as a symbol and America’s treatment and conception of Native Americans as a whole. It’s moving stuff that puts lie to the idea that “nobody cares.” It likewise puts lie to the false choice so many Chief Wahoo defenders reference in which they argue that people should care more about actual injustices visited upon Native Americans and not mascots. One can and should care about those injustices. And one can do that while simultaneously finding Chief Wahoo to be an odious symbol that serves to dehumanize people. Once people are dehumanized, it’s far easier to treat them as something less-than-human, of course.

But it’s not just Native Americans or anti-Wahoo folks like me who care. While I have been critical of Major League Baseball for not taking its own stand against Wahoo publicly, it seems pretty clear at this point that the league is weary of Wahoo and is looking to pressure the Indians to eliminate it. Last night, at the Hank Aaron Award ceremony, Manfred spoke more expansively about Wahoo than he did the day before. Manfred is a lawyer and he does not choose his words carelessly. Read this and parse it carefully:

“I know that that particular logo is offensive to some people, and all of us at Major League Baseball understand why. Logos are, however, primarily a local matter. The local club makes decisions about its logos. Fans get attached to logos. They become part of a team’s history. So it’s not easy as coming to the conclusion and realizing that the logo is offensive to some segment.

“I’ve talked to Mr. [Indians owner and CEO Paul] Dolan about this issue. We’ve agreed away from the World Series at an appropriate time we will have a conversation about this. I want to understand fully what his view is, and we’ll go from there. At this point in this context, I’m just not prepared to say more.”

Yes, he’s still trying to be diplomatic, but note how he (a) acknowledges that Wahoo is offensive to some people; (b) that “all of us at Major League Baseball understand why” and (c) does not validate the views of those who do not find it offensive. He acknowledges that they feel that way due to history, but he does not say, as I inferred from his previous comments the day before, that both sides have merit. Indeed, he says he’d like to hear Paul Dolan’s side, suggesting that while he’ll listen to argument, he doesn’t buy the argument as it has yet to be put.

I still wish that MLB would come out hard and strong against Wahoo publicly, but the more I listen to Manfred on this and read between the lines, the more I suspect that Major League Baseball is finally fed up with Wahoo and that it wants to do something to get rid of it. That it’s not just the hobby horse of pinko liberals like me. I believe Manfred realizes that, in 2016, Chief Wahoo is an embarrassment to an organization like Major League Baseball. Maybe, because of p.r. and political considerations, he doesn’t want to stand on a soapbox about it at the World Series, but I believe he wants to put an end to it all the same.

You can call me names for being against Wahoo all you want. But you can’t say it’s a non-issue. You can’t say that it’s just a cartoon character and you can’t say that nobody cares. To do that is an exercise in denial. I have come to believe that Major League Baseball cares and that it’s going to push hard to make the 2016 World Series the last time it is embarrassed by anachronistic racism on its biggest stage ever again.

Game 2 is going to be the poster child for pace of play arguments this winter

CLEVELAND, OH - OCTOBER 26:  Zach McAllister #34 of the Cleveland Indians is relieved by manager Terry Francona during the fifth inning against the Chicago Cubs in Game Two of the 2016 World Series at Progressive Field on October 26, 2016 in Cleveland, Ohio.  (Photo by Gregory Shamus/Getty Images)
Getty Images

In August, it was reported that Major League Baseball Commissioner Rob Manfred would like to implement pitch clocks, like those in use in the minor leagues for the past two seasons, to improve the pace-of-play at the major league level. You can bet that last night’s Game 2 will be the lead argument he uses against those who would oppose the move.

The game was moved up an hour in order to get it in before an impending storm. By the time the rain finally started falling the game had been going on for three hours and thirty-three minutes. It should’ve been over before the first drop fell, but in all it lasted four hours and four minutes. It ended in, thankfully, only a light rain. The longest nine-inning game in postseason history happened a mere two weeks ago, when the Dodgers and Nationals played for four hours and thirty two minutes. There thirteen pitchers were used. Last night ten pitchers were used. Either way, the postseason games are dragging on even for those of us who don’t mind devoting four+ hours of our night to baseball. It is likely putting off more casual fans just tuning in for the Fall Classic.

It’s not all just dawdling, however. Yes, the pitchers worked slowly and a lot of pitching changes took place, but strikeouts, walks and the lack of balls in play contribute to longer games as well. We saw this both last night and in Game 1, which was no brisk affair despite each starting pitcher looking sharp and not working terribly slowly. Twenty-four strikeouts on Tuesday night had a lot to do with that. Last night featured 20 strikeouts and thirteen — thirteen! — walks. It’s not just that the games are taking forever; the very thing causing them to drag feature baseball’s least-kinetic forms of excitement.

But no matter what the cause for the slower play was — and here it was a combination of laboring pitchers, the lack of balls in play and, of course, the longer commercial breaks in the World Series — Manfred is likely to hold Game 2 up as Exhibit A in his efforts to push through some rules changes to improve game pace and game time. So far, the centerpiece of those efforts is the pitch clock, which has proven to be successful and pretty non-controversial in the minor leagues. It would not surprise me one bit if, at this year’s Winter Meetings in Washington, a rule change in that regard is widely discussed.