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.

Lloyd McClendon will return as Tigers’ hitting coach in 2017

OAKLAND, CA - JULY 05:  Manager Lloyd McClendon #21 of the Seattle Mariners looks on from the dugout against the Oakland Athletics in the top of the six inning at O.co Coliseum on July 5, 2015 in Oakland, California.  (Photo by Thearon W. Henderson/Getty Images)
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The Tigers will promoted Triple-A manager Lloyd McClendon to hitting coach for the 2017 season, according to a statement released by the team on Friday afternoon.

McClendon’s history with the Tigers is long and storied. After serving five seasons as the Pittsburgh Pirates’ hitting coach and manager, he got his start with Detroit in 2006 as a bullpen coach, then transitioned to hitting coach from 2007 through 2013. When the Tigers hired Brad Ausmus to replace former manager Jim Leyland, McClendon took the opportunity to break from the team and pursue another managerial position of his own with the Seattle Mariners, whom he guided to a 163-161 record between the 2014 and 2015 seasons.

Following his departure from Seattle during the 2015 offseason, McClendon took a spot as skipper of the Tigers’ Triple-A club, managing the Toledo Mud Hens to a 68-76 finish in 2016. His return to the big league stage is accompanied by the hiring of assistant hitting coach Leon Durham, who previously served as the long-tenured hitting coach for Triple-A Toledo.

The international draft is all about MLB making money and the union selling out non-members

SAN JUAN, PUERTO RICO - MARCH 13:  A fan flies the Dominican Republic flag during the game against Cuba during Round 2 of the World Baseball Classic on March 13, 2006 at Hiram Bithorn Stadium in San Juan, Puerto Rico.  (Photo by Al Bello/Getty Images)
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On Monday we passed along a report that Major League Baseball and the MLBPA are negotiating over an international draft. That report — from ESPN’s Buster Olney — cited competitive balance and the well-being of international free agents as the reasons why they’re pushing for the draft.

We have long doubted those stated motivations and said so again in our post on Monday. But we’re just armchair skeptics when it comes to this. Ben Badler of Baseball America is an expert. Perhaps the foremost expert on international baseball, international signings and the like. Today he writes about a would-be international draft and he tears MLB, the MLBPA and their surrogates in the media to shreds with respect to their talking points.

Of course Badler is a nice guy so “tearing to shreds” is probably putting it too harshly. Maybe it’s better to say that he systematically dismantles the stated rationale for the international draft and makes plan what’s really going on: MLB is looking to save money and the players are looking to sell out non-union members to further their own bargaining position:

Major League Baseball has long wanted an international draft. The driving force behind implementing an international draft is for owners to control their labor costs by paying less money to international amateur players, allowing owners to keep more of that money . . . the players’ association doesn’t care about international amateur players as anything more than a bargaining chip. It’s nothing discriminatory against foreign players, it’s just that the union looks out for players on 40-man rosters. So international players, draft picks in the United States and minor leaguers who make less than $10,000 in annual salary get their rights sold out by the union, which in exchange can negotiate items like a higher major league minimum salary, adjustments to the Super 2 rules or modifying draft pick compensation attached to free agent signings.

Badler then walks through the process of how players are discovered, scouted and signed in Latin America and explains, quite convincingly, how MLB’s international draft and, indeed, its fundamental approach to amateurs in Latin America is lacking.

Read this. Then, every time a U.S.-based writer with MLB sources talks about the international draft, ask whether they know something Ben Badler doesn’t or, alternatively, whether they’re carrying water for either the league or the union.