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.

Video: Bryce Harper launches a homer into the upper deck

WASHINGTON, DC - MAY 24: Bryce Harper #34 of the Washington Nationals looks on against the New York Mets at Nationals Park on May 24, 2016 in Washington, DC. (Photo by Patrick Smith/Getty Images)
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Nationals outfielder Bryce Harper has had a tough month of May. Opposing pitchers have become increasingly unwilling to throw hittable pitches in the strike zone for him, and he’s had trouble adjusting. Entering Thursday’s action, Harper was hitting .194/.454/.306 with two home runs in 97 plate appearances this month. 31 of those plate appearances ended in a walk, nine intentionally.

Harper finally got a pitch to hit in the sixth inning against Cardinals starter Mike Leake. Leake threw a 1-1 curve and Harper promptly launched into the upper deck at Nationals Park. It’s Harper’s 12th homer of the year.

Jackie Bradley, Jr.’s hitting streak ends at 29 games

BOSTON, MA - MAY 25:  Blake Swihart #23 of the Boston Red Sox congratulates Jackie Bradley Jr. #25 after he scored a run against the Colorado Rockies  during the fifth inning at Fenway Park on May 25, 2016 in Boston, Massachusetts.  (Photo by Maddie Meyer/Getty Images)
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Red Sox outfielder Jackie Bradley, Jr. was unable to continue his hitting streak on Thursday night, going 0-for-4 out of the leadoff spot against the Rockies in an 8-2 loss. He hit a deep fly ball to right field in the first inning, missing a home run by a few feet. He hit another deep drive in the fifth, but it was caught in front of the wall in center field at Fenway Park by Charlie Blackmon. In his final at-bat, Bradley weakly grounded out on the first pitch from Jon Gray to lead off the eighth inning.

Bradley’s 29-game streak tied Johnny Damon for the fourth-longest streak in Red Sox history. Dom DiMaggio still has the longest in club history at 34 games.

Shortstop Xander Bogaerts was able to extend his hitting streak streak to 19 games. He went 1-for-3, hitting a line drive single in the first.

Softball legend Jennie Finch to manage a professional men’s baseball team

NEW YORK, NY - NOVEMBER 03:  Jennie Finch attends a press conference at Marathon Pavilion in Central Park on November 3, 2011 in New York City.  (Photo by Andy Kropa/Getty Images)
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Softball legend Jennie Finch will make history on Sunday when she will serve as a guest manager for the Bridgeport Bluefish of the independent Atlantic League. She will become the first woman to manage a men’s professional baseball team.

In the club’s announcement, GM Jamie Toole said, “We are really excited to have Jennie come out and manage the team. She is an incredible athlete and a wonderful person, and we hope our fans will enjoy seeing her in a Bluefish uniform for the day.”

Finch won the 2001 Women’s College World Series with the University of Arizona. She won the gold medal with Team USA in the 2004 Summer Olympics and silver in the 2008 Summer Olympics.

Finch is only managing one game, but it’s still a positive step for inclusiveness in professional sports. Hopefully, in the future, we see more women in sportswriting, broadcasting, coaching, and front office positions.

Mike Moustakas out for the rest of the 2016 season with a torn ACL

KANSAS CITY, MO - APRIL 21:  Mike Moustakas #8 of the Kansas City Royals hits a single in the first inning against the Detroit Tigers at Kauffman Stadium on April 21, 2016 in Kansas City, Missouri. (Photo by Ed Zurga/Getty Images)
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Royals third baseman Mike Moustakas has been placed on disabled list with a torn right ACL, the club announced on Thursday. He is expected to miss the rest of the season, per MLB.com’s Jeffrey Flanagan. Outfielder Brett Eibner has been recalled from Triple-A Omaha.

Moustakas suffered the injury colliding with teammate Alex Gordon attempting to catch a foul ball. Gordon suffered a fractured scaphoid bone, which will keep him out of action for three to four weeks.

It’s a tough break for Moustakas as he missed time earlier this month with a fractured thumb. He lands back on the DL hitting .240/.301/.500 with seven home runs and 13 RBI in 113 plate appearances.