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.

Terry Francona isn’t sure how long his health will allow him to manage

BOSTON, MA - AUGUST 19:  Terry Francona #17 of the Cleveland Indians reacts during batting practice before a game with the Boston Red Sox on August 19, 2015 in Boston, Massachusetts.  (Photo by Jim Rogash/Getty Images)
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Terry Francona just won the American League pennant, the Manager of the Year Award and his Cleveland Indians will likely be among the favorites to win it all in 2017. Between that and his 17-year track record as one of the best managers in the business, he will have a job, somewhere, for as long as he wants one.

He said yesterday, however, that his body will likely limit how long he manages:

“It gets harder and harder physically. It really does. It takes me longer to recharge every year . . . I’ve had a lot of surgeries, a lot of health problems. It just takes a toll on you. I love [the game of baseball]. I really do, but I can’t see myself doing something else. But there is going to come a day when I feel like I’m shortchanging the team or the organization. That’s not fair.

“Even now, during batting practice, I’ll come in and get off my feet a little bit. I think everybody understands. But when there comes a day when it gets in the way, I’m going to have to pull back, and it’s not because I don’t love managing. You have to have a certain amount of energy to do this job right.”

Francona experienced some chest pains and had an elevated heart rate that caused him to leave a game early last season. In 2005 a similar episode caused him to miss three games while managing the Red Sox. He also has a history of embolisms and blood clots, some of which have hospitalized him.

With multiple World Series rings there isn’t much more in baseball that Francona can accomplish, but here’s hoping he sticks around and accomplishes a lot more before he trades in his baseball spikes for golf spikes and calls it a career.

David Ortiz could be in the Red Sox TV booth this season

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A month or so ago it was reported that David Ortiz was going to meet with the Red Sox and NESN to discuss, maybe, spending some time in the broadcast booth in 2017. He’s retired now, of course. Gotta keep busy.

Today we read that, yes, Big Papi may take the mic. Red Sox president Sam Kennedy said that Ortiz may be in the booth on a limited basis, and that Ortiz has talked about wanting to “dip a toe in that water.”

I’m quickly becoming a fan of ex-players who want to, as Kennedy puts it, “dip a toe” in broadcasting as opposed to those who want to make it a full-time job. Former players who become full-time broadcasters tend to start out OK, but eventually burn all of their good anecdotes from their playing days and just become sort of reactionary “back in my day” dudes. There are some exceptions to that of course — guys like John Smoltz and Dennis Eckersley have kept it fresh and Tim McCarver never rested on his playing laurels as he forged a long career in the booth — but for any of those guys there are just as many Rick Mannings Bill Schroeders.

The part time guys who dip in and dip out — I’m thinking Pedro Martinez, Alex Rodriguez and even Pete Rose, who did a good job this past fall after a rocky 2015 postseason — tend to be more fresh and irreverent. They really don’t give a crap on some level because it’s not their full time job, and that not giving a crap allows them to say whatever they want. It makes for good TV.

If Papi can hold off on the F-bombs, I imagine he’d be a pretty good commentator. If he can’t, well, at least he’ll be a super entertaining one for the one or two games he gets before getting fired.