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.

Astros release Jon Singleton

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The Astros have released first baseman Jon Singleton, Chandler Rome of the Houston Chronicle reports.

Singleton, 26, was suspended for 100 games after testing positive for a drug of abuse for a third time. He has had issues with marijuana in the post and admitted to being a drug addict several years ago. He said, “At this point it’s pretty evident to me that I’m a drug addict. I don’t openly tell everyone that, but it’s pretty apparent to myself. I know that I enjoy smoking weed, I enjoy being high and I can’t block that out of my mind that I enjoy that. So I have to work against that.”

Singleton played parts of two seasons in the majors in 2014-15 with the Astros, batting a combined .171/.290/.331 with 14 home runs and 50 RBI in — appropriately — 420 plate appearances. He spent 2016 with Triple-A Fresno and 2017 with Double-A Corpus Christi, putting up middling numbers.

If he can convince teams he’s still actively working to overcome his addiction, Singleton may be able to find an opportunity elsewhere. But his road back to the majors remains long. He was once a top prospect in the Phillies’ system, then was traded to the Astros in the Hunter Pence deal back in July 2011.