Brain-Damaged Boy's Family Sues Bat Maker

**Buttercup** · 05-19-08, 06:00 PM

Brain-Damaged Boy's Family Sues Bat Maker
WAYNE, N.J., May 19, 2008(AP) The family of a boy who suffered brain damage after he was struck by a line drive off an aluminum baseball bat sued the bat's maker and others on Monday, saying they should have known it was dangerous.

The family of Steven Domalewski, who was 12 when he was struck by the ball in 2006, filed the lawsuit in state Superior Court. It names Hillerich & Bradsby Co., maker of the 31-inch, 19-ounce Louisville Slugger TPX Platinum bat used when Steven was hit.

The lawsuit also names Little League Baseball and 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."

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

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, the organization is being sued because it gave its seal of approval to the bat, certifying it as safe for use by children, Fronzuto said.

**mack** · 05-19-08, 06:30 PM

I know it is a terrible thing for the child and the family to have suffered and continue to suffer and will for the rest of his life, but, come on. Why are these people to blame for an accident. That is why they are called accidents. Bad things happen to nice people. So if he was using a wooden bat and was injured would they then be sueing saying it wasn't safe either.

**MacLean** · 05-19-08, 07:20 PM

The grief and desire to exact revenge for it know no bounds for a parent who has lost their child, is my guess.

**ex401mp** · 05-19-08, 07:37 PM

Or the possibility of a huge settlement. Poor kid though.

**Ender** · 05-19-08, 07:58 PM

Originally Posted by mack

I know it is a terrible thing for the child and the family to have suffered and continue to suffer and will for the rest of his life, but, come on. Why are these people to blame for an accident. That is why they are called accidents. Bad things happen to nice people. So if he was using a wooden bat and was injured would they then be sueing saying it wasn't safe either.

Agreed, 100%. While the event itself is tragic, and about as tragic as it gets, to be blunt....bad things happen to good people sometimes, and NOBODY is at fault.

If the companies are held liable here, perhaps the parents should be charged with negligence for putting their child in that situation? (no, I'm not completely serious)....

**Rhino** · 05-19-08, 08:22 PM

Originally Posted by Buttercup

The family of a boy who suffered brain damage after he was struck by a line drive off an aluminum baseball bat sued the bat's maker and others on Monday, saying they should have known it was dangerous.

So the parents had no idea a metal bat was dangerous?

They're looking for a check. I hope it goes to trial. When is this country going to stop kowtowing to the letigeous and adopt a "loser pays" civil system?

Loser pays: Whoever loses the case pays for the other side's time and attorney fees. It would cut a lot of this bullshit out.

Who wants to be there's a slimey ponytail lawyer behind this family telling them they can get all kinds of money.

If they win it will set a whole new legal precident. Next accident I get involved in I'll sue the car maker on the grounds "I didn't know cars were dangerous."

**mack** · 05-19-08, 08:38 PM

Originally Posted by Rhino

So the parents had no idea a metal bat was dangerous?

They're looking for a check. I hope it goes to trial. When is this country going to stop kowtowing to the letigeous and adopt a "loser pays" civil system?

Loser pays: Whoever loses the case pays for the other side's time and attorney fees. It would cut a lot of this bullshit out.

Who wants to be there's a slimey ponytail lawyer behind this family telling them they can get all kinds of money.

If they win it will set a whole new legal precident. Next accident I get involved in I'll sue the car maker on the grounds "I didn't know cars were dangerous."

Exactly, the point, where does it end. Why is someone else always at fault. Why does there always have to be blame placed somewhere. When I was a kid, one of my friends got hit in the eye by another friend with a golf club, split his eyebrow like a melon. We were playing, it wasn't intentional. Did the parents sue each other? No each of us got our butts beat for playing with the golf clubs in the first place. No fault was placed, it was an accident. Now I know this is a far worse injury, but the premice is the same.

**Pudge** · 05-19-08, 08:43 PM

Originally Posted by mack

Exactly, the point, where does it end. Why is someone else always at fault. Why does there always have to be blame placed somewhere. When I was a kid, one of my friends got hit in the eye by another friend with a golf club, split his eyebrow like a melon. We were playing, it wasn't intentional. Did the parents sue each other? No each of us got our butts beat for playing with the golf clubs in the first place. No fault was placed, it was an accident. Now I know this is a far worse injury, but the premice is the same.

Unfortunately that's the way people are now days. It's rare to find people to step up and take responsibility for their own actions. They'd rather keep their pride and reputation and put the blame somewhere else.

This case while tragic, is merely a sports accident. People get hurt when they're active. While I'm all for protecting our little ones but I think more times than not people want to put them in a bubble or put them up on a shelf until they're 18.

**Cidp24** · 05-19-08, 08:43 PM

Besides how bad this is for the kid and the parents, the thought "Why not sue the ball mfg?". Seems like it is as much as fault as the bat.

**Pudge** · 05-19-08, 08:47 PM

Originally Posted by Cidp24

Besides how bad this is for the kid and the parents, the thought "Why not sue the ball mfg?". Seems like it is as much as fault as the bat.

+1, and while they're at it they can sue the following.

1.) The inventor of the game's estate
2.) The weather man for predicting a nice day to play ball
3.) The umpires for not stopping the game before the critical hit was made
4.) The concession stand people for providing food to keep fans there
5.) Fans for cheering on the game
6.) Coaches for teaching the kid how to hit
7.) The organization the built the field to play ball
8.) The manufacturer of the excavating equipment used to build the diamond

etc etc etc etc

**CTR man** · 05-19-08, 08:58 PM

Welcome to the era of "My kid is an angel and fragile and therefore must be treated as such."

I can't stand it when people think there is a corporation or two involved, they think they can go for the big bucks. Isn't that what insurance is for? All this does is drive up the price of everything else so much that we can hardly afford things anymore, let alone the economy. The corporations have to get the money from somewhere to pay their insurance premiums and lawyers (ambulance chasers).

**CTR man** · 05-19-08, 09:02 PM

Originally Posted by Pudge113

+1, and while they're at it they can sue the following.

1.) The inventor of the game's estate
2.) The weather man for predicting a nice day to play ball
3.) The umpires for not stopping the game before the critical hit was made
4.) The concession stand people for providing food to keep fans there
5.) Fans for cheering on the game
6.) Coaches for teaching the kid how to hit
7.) The organization the built the field to play ball
8.) The manufacturer of the excavating equipment used to build the diamond

etc etc etc etc

Next thing you know they will try and sue God for allowing the grass to grow and the air that we breathe.

**Jks9199** · 05-19-08, 11:37 PM

Got a question, 'cause my wife actually had a good point when she heard this on the news.

Does a ball really come off of an aluminum bat harder than a wooden bat?

'Cause you can get hit with a line drive off of either one... Or will we soon see the advent of "safe" baseball, where everyone uses imaginary bats and balls, and carefully walks to the bases. Sliding will only be permitted after a slip and slide (ending in a foam pit) is laid out.

**Ducky** · 05-20-08, 12:49 AM

Another article I read on this stated that the injury in question is actually more commonly seen when the ball is pitched instead of batted. It doesn't take a lot to knock a heart into arrhythmia. I agree, these people are looking for a check.

**Five-0** · 05-20-08, 12:54 AM

Yes, a baseball comes off an aluminum bad faster than a wooden bat. However, if you park next to a baseball field you assume the risk of parking there. Same legal premise should apply here. They [the family] assumed the risk of exposing their child to the game and all the inherent risk associated therefore. DE DA DEEH if your kid plays baseball a baseball might just hit them. Duh

**Xiphos** · 05-20-08, 04:13 AM

Originally Posted by Buttercup

The family of a boy who suffered brain damage after he was struck by a line drive off an aluminum baseball bat sued the bat's maker and others on Monday, saying they should have known it was dangerous.

The parents should have known playing baseball was dangerous.

As a parent this is one of my worst fears, and it has to be horrifying. But suing everyone when you let your kid play a sport with some risk involves responsibility on your part too.

**Growler** · 05-20-08, 03:31 PM

Originally Posted by Xiphos

The parents should have known playing baseball was dangerous.

As a parent this is one of my worst fears, and it has to be horrifying. But suing everyone when you let your kid play a sport with some risk involves responsibility on your part too.

I agree. Any sport, even if the kid's slip says it's a non contact sport is a contact sport.

**Jks9199** · 05-20-08, 05:27 PM

Originally Posted by Growler

I agree. Any sport, even if the kid's slip says it's a non contact sport is a contact sport.

Wait... you mean the real world includes bumps, bruises and occasional chances of injury?!

We can't have that happening to kids.

Wrap in 3 inch deep layers of bubble wrap, inside a sterile bubble/hamster ball (gyroscopically stabilized of course).