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: The Nationals are still in on Chris Sale and Andrew McCutchen

CHICAGO, IL - SEPTEMBER 05: Chris Sale #49 of the Chicago White Sox pitches against the Detroit Tigers during the first inning on September 5, 2016 at U. S. Cellular Field in Chicago, Illinois. (Photo by David Banks/Getty Images)
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The Nationals are trying to go big this offseason, and FOX Sports’ Ken Rosenthal notes that they are still in trade talks for White Sox’ left-hander Chris Sale and Pirates’ center fielder Andrew McCutchen. Both players figure to command a big return, as Sale delivered another Cy Young-worthy performance in 2016 and, despite a downturn in his production rate, McCutchen is still one of the more coveted sluggers in the National League.

In 2016, Sale led the league in complete games, with six, and turned in a 3.34 ERA and 5.2 fWAR in 226 2/3 innings. While teams have been sniffing around the White Sox’ ace since the trade deadline, the club is expected to maintain a high asking price — so high, said FanRag Sports’ Jon Heyman, that it may keep the left-hander in Chicago for the foreseeable future.

According to Heyman, four other teams are reportedly in the mix for Sale, including the Red Sox, Astros, Rangers, and Braves, though parts of Rosenthal’s tweet hinted that the Red Sox were maintaining their interest in hopes of striking a more affordable deal. Should the Nationals pursue a deal for Sale, it’s likely that they’d have to move shortstop/center fielder Trea Turner, which they appear reluctant to do.

McCutchen, meanwhile, is also drawing interest around the league after batting .256/.336/.430 with 24 home runs in 675 PA during 2016. He didn’t appear to lose much power in his eighth season with the Pirates, but took considerably fewer walks and struck out at a career-high clip.

The Nationals were said to be in the lead for McCutchen on Thursday, and there was some expectation that the club would wrap up a trade for the center fielder by the non-tender deadline on Friday. FOX Sports’ Jon Morosi pointed out that the Rangers were also talking to the Pirates, however, and no deal has come to fruition as of yet.

Astros sign Carlos Beltran to one-year, $16 million deal

TORONTO, ON - OCTOBER 9: Carlos Beltran #36 of the Texas Rangers hits an RBI against the Toronto Blue Jays in the first inning during game three of the American League Division Series at Rogers Centre on October 9, 2016 in Toronto, Canada. (Photo by Vaughn Ridley/Getty Images)
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The Astros have reportedly agreed to terms with free agent DH/outfielder Carlos Beltran for a one-year, $16 million contract, per ESPN’s Buster Olney. The deal includes a complete no-trade clause, according to a report from Bob Nightengale of USA Today.

Beltran elected to return to the Astros after fielding offers from the Yankees, Blue Jays, and Red Sox. He appeared in Houston during the second half of 2004, batting .258/.368/.559 with 23 home runs in 399 PA and making his first postseason run to the tune of a .435 average and eight homers as the Astros battled their way through to a seven-game loss in the Championship Series. Beltran also played with Houston manager A.J. Hinch and bench coach Alex Cora in separate stints with the Royals and Mets, which the Houston Chronicle’s Jake Kaplan cited as possible influences in the Astros’ decision to pursue the free agent.

In 2016, Beltran split the season between the Yankees and Rangers after getting dealt at the deadline for a package of right-handed pitching prospects. He was stationed in right field for the majority of his time in New York, but was almost exclusively utilized as a designated hitter over 52 games in Texas. Between the two clubs, he batted an impressive .295/.337/.513 with 29 homers and earned his ninth career All-Star designation to boot.

The veteran slugger is expected to fill a similar role on the Astros, who need a full-time DH but could use some additional support in the outfield corner. Olney envisions a lineup with Beltran in the five-spot, per an earlier report: