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: Marlins expected to trade Adeiny Hechavarria

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Jeff Passan of Yahoo Sports reports that the Marlins are expected to trade shortstop Adeiny Hechavarria in the next few days.

Hechavarria, 28, is currently on a rehab assignment for a strained left oblique. It’s the second time this season he’s hit the sidelines with an oblique injury. Hechavarria is also hitting a disappointing .277/.288/.385 over 67 plate appearances, which is marginally better than his career averages.

While the Marlins are shopping Hechavarria at depressed value, there are two factors that give him value: he still plays good defense, and he’s under team control through the 2018 season. Passan does estimate that Hechavarria will see a pay raise from $4.3 million this season to $6-7 million next season in his third and final year of arbitration eligibility.

Passan adds that while the Marlins aren’t yet willing to shop outfielders Christian Yelich and Marcell Ozuna, relievers A.J. Ramos, David Phelps, and Kyle Barraclough are being made available.

George Springer leaves game after being hit by a pitch

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George Springer has been a dynamo out of the leadoff spot for the high-powered Astros this year, hitting 21 homers and driving in 46. He also leads the league in leadoff homers. Today, however, his leadoff appearance was short and ignominious.

Facing Jesse Hahn and the A’s in the Oakland Coliseum for a matinee, Springer was hit in the left hand on the game’s fifth pitch. Watch:

He went down to the dirt and was attended to by trainers before leaving the game. On the way off the field he threw his helmet in disgust. Oftentimes that sort of frustration comes from a player who knows he’s injured. How serious an injury is unknown at the moment. We’ll keep you posted.

Jake Marisnick pinch ran for Springer and came around to score. The Astros lead the A’s 2-0.