Family Sues Bat Company

[DanLee]

Family files lawsuit after 12-year-old seriously hurt with hit off metal bat

Associated Press

WAYNE, N.J. -- The family of a boy who suffered brain damage after being struck in the chest by a line drive off a metal bat while playing baseball filed a lawsuit Monday morning against the manufacturer of the bat, the store that sold it, and against Little League Baseball for giving the bat its seal of approval.

The family of Steven Domalewski, who was 12 years old at the time of the June 2006 incident, filed the lawsuit in state Superior Court in Passaic County. It names Hillerich & Bradsby Co., maker of the 31-inch, 19-ounce Louisville Slugger TPX Platinum bat that hit the line drive that crippled Domalewski.

The suit also names Little League Baseball and the Sports Authority, which sold the bat. It claims the defendants knew, or should have known, that the bat was dangerous for children to use, according to the family's attorney, Ernest Fronzuto.

"People who have children in youth sports are excited about the lawsuit from a public policy standpoint because they hope it can make the sport safer," Fronzuto said after filing the suit Monday morning. "There are also those who are skeptical of the lawsuit and don't see the connection between Steven's injury and the aluminum bat."

Steven was pitching in a Police Athletic League game when he was hit just above the heart by a line drive. His heart stopped beating and his brain was deprived of oxygen for 15 to 20 minutes, according to his doctors.

Although he was not playing in a Little League game, Little League is being sued because they gave their seal of approval to the bat, certifying it as safe for use by children, Fronzuto said.

Little League denies any wrongdoing, as does the bat manufacturer. The Sports Authority has not responded to several telephone messages seeking comment.


I haven't read any discussion on this topic. What do you guys think of this lawsuit? Does it have any merit?

I wouldn't necessarily see kids use wooden bats (due to shattering), but these aluminum bats have become so "loaded" and compressed for better performance. Maybe that is the problem.

 

[Ramy]

They are wanting kids to wear some kind of chest plate too.

 

[stevenl]

What a load of crap. Its baseball, if you let your kids play a sport where people are hitting a very hard ball with a very hard bat and it can go very fast, you should understand that injuries can happen.

Maybe they should just play LL baseball games with tennis balls!?


Someone should tell these parents that if their kid plays soccer he might sprain or break an ankle... Maybe they should sue the shoe company?

 

[AntAltMike]

... Maybe they should sue the shoe company?

I got a kick out of the tennis player who sued her sneaker company, alleging that HER model sneaker caused her foot injury. I think it was Hingas.

 

[Derwin0]

Simple thing for the defense lawyer to win. Just show incidents of people being hurt by wooden bats.

As it is, the parents knew there were risks, however slight. That's why little league organizations have liability waivers. Since they signed a waiver, the parents can't sue the organization, so their lawyer decided to go after the bat maker.

 

[hbk409]

i am surprised they didnt also sue the company that made the ball that actually hit the kid saying it was too hard. This is why they always tell you in baseball to keep your eye on the ball, if the kid would have been paying attention he could have caught the ball and this would be a moot issue.

 

[Jimbo]

i am surprised they didnt also sue the company that made the ball that actually hit the kid saying it was too hard. This is why they always tell you in baseball to keep your eye on the ball, if the kid would have been paying attention he could have caught the ball and this would be a moot issue.

I gotta believe the kid was paying attention, seeing he was PITCHING.

I feel bad for the kid and the family, but really see the lawsuit being a waist of time, any judge and or jury will see the waivers that are required when playing ball, disclosing info about injury just for this and any other injury type of situations. As Derwin0 mentioned above.

Jimbo

 

[DanLee]

The only thing that I can say in favor of the parents is that, as I said in my original post, that these bats are becoming very loaded. Today's metal bats are a lot more powerful than they used to be. All for an extra 10 ft. of distance. The ball is flying off these bats at scary speeds.

Other than that, I really feel that the parents are out of line in blaming LL and the bat company.