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.

Yasmani Grandal played himself out of NLCS Game 4

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Dodgers catcher Yasmani Grandal has not had a good postseason. Entering Monday night’s NLCS Game 3, he was batting .111/.238/.278 in 21 trips to the plate across the NLDS and the first two games of the NLCS.

Defense has also been an issue for Grandal. In Game 1 of the NLCS, Grandal was on the hook for two passed balls. In the sixth inning of Game 3 Monday night, he couldn’t corral a curve in the dirt, which allowed Travis Shaw to score the Brewers’ second run of the night. Starter Walker Buehler was charged with a wild pitch. In the eighth, with Ryan Braun on first base and Shaw at the plate, Grandal again couldn’t corral a pitch in the dirt, allowing Braun to move to second base. Fortunately for the Dodgers, Alex Wood was able to escape the inning with no damage.

Manager Dave Roberts said that Austin Barnes, not Grandal, will start behind the plate for Game 4 on Tuesday night, Andy McCullough of the Los Angeles Times reports. That comes as no surprise at all. When Grandal struck out with the bases loaded in the ninth inning, Dodger fans regaled him with boos.

Barnes will be an upgrade defensively, but he’s lacking with the bat. He had an 0-for-3 performance in Game 2, though with an RBI, bringing his career slash line in the playoffs to .200/.281/.300 across 57 plate appearances. During the regular season, his career 100 adjusted OPS is a fair bit behind Grandal’s 115. Roberts is trading offense for defense in Game 4. Rich Hill will get the start opposite the Brewers’ Gio González.