Jury Idiocy Comes to Montana

[Surehitter]

I would like to know what kind of bat was in the pitchers hands when he was up to bat . As parents we all know the performance and danger of these bats and that is why we all pay the big $$$$ for them. This was a sad tragedy for this family and I do feel for them. But it became an issue of deep pockets and the parents wanting someone to pay. The party that should be sued and is really responsable for this poor boys death and the familys loss is the sanctioning body that allowed this bat to be legal for use. The sanstioning body does not have any real money so the bat company became the fall guys.

[Blind Squirrel]

I would like to know what kind of bat was in the pitchers hands when he was up to bat . As parents we all know the performance and danger of these bats and that is why we all pay the big $$$$ for them. This was a sad tragedy for this family and I do feel for them. But it became an issue of deep pockets and the parents wanting someone to pay. The party that should be sued and is really responsable for this poor boys death and the familys loss is the sanctioning body that allowed this bat to be legal for use. The sanstioning body does not have any real money so the bat company became the fall guys.

Would the sanctioning body be responsible if the bat was half as "hot" and the exact same situation occurred?

[MoeFoes]

My conclusion on this subject is..........
What a load of crap!!
Those parents suck..

[Blind Squirrel]

I would like to know what kind of bat was in the pitchers hands when he was up to bat . As parents we all know the performance and danger of these bats and that is why we all pay the big $$$$ for them. This was a sad tragedy for this family and I do feel for them. But it became an issue of deep pockets and the parents wanting someone to pay. The party that should be sued and is really responsible for this poor boys death and the familys loss is the sanctioning body that allowed this bat to be legal for use. The sanctioning body does not have any real money so the bat company became the fall guys.

First, this is absolutely not meant to be a personal attack. It is meant to be an exchange of views that I doubt are held solely by yourself and me.

You seem to feel (correct me if I'm wrong) that the sanctioning body is responsible for allowing bats with a certain level of performance to be used which makes the conditions unsafe. This suggests that you belief that the use of these bats makes playing unsafe for your kid and other kids. You have decided to let your kid play while having this view. The fact that you have made the decision to allow your child to engage in an activity that you believe is unsafe is the responsibility of someone else if your child happens to get hurt?

I'm sincerely trying to understand the thought process that yields a different view than mine.

John

[ATD]

This is really strange. I would want to see what the instructions the Judge had to the jury with regards to how Montana law is interpreted and why there was no mention with assumed risk to players for playing in any sport. It seems to me the simple question of "Did your son the pitcher review the bat for possible warnings before throwing?. "Did he ever review a batters bat before throwing for safety purposes?". "What? He NEVER checked??? EVER EVER ? Clearly your son was was negligent for not ensuring his own safety while throwing to batters." There's all kinds of things I would've implied to get this case beat into the ground.

The lawyers for Louisville sucked.

I'm certainly no lawyer, but I've watched enough TV to understand that the Louisville attorneys were probably correct in refraining from placing any blame on the boy... It wouldn't have changed the verdict and most probably would have increased the awarded monetary damages by pissing off some members of the already emotionally charged jury.
It's not right and it's not fair, but in our society, it's gotta' be somebody's fault...and it's usually gonna' be George Bush or the one with the most moola.

The Louisville attorneys really needed to squash this at all costs with a sledge hammer or better yet, a nuclear missile. Losing is losing. Doesn't matter if $1 or $2mllion in this case as it sets an extremely slipperly slope for every kid that even gets hit in the face with a bat, softball, baseball or otherwise using their products. I am sure they tried to get it thrown out initially prima facie and when it didn't I would've even solicited the help of competitors as this could have an unimaginable industry effect. The company's very survival is at stake. They took a law school 101 approach and probably didn't expect to lose (and they shouldn't have lost) and it completely back-fired on them.

[Sam]

Well, lets look at it:

1) The bat company sells bats and gets more money for bats that hit the ball farther.
2) Bats that hit the ball farther cause the ball to leave the bat at a faster rate.
3) Both the bat company and American Legion know that the high tech bats can cause injuries to pitchers, who are the only fielders that cannot control where they position themselves which causes them to be the closest fielder to the batter.

Now the bat company argues that this isn't their fault? Did they even try to show that their product was safe, even though their goal was to make their bats hotter than their competitors?

They deserved what they got.

The disregard for pitchers in baseball and in softball by the bat companies and the athletic organizations is horrible. They cause a kid to get killed and claim innocence when they could foresee this incident.

[absdad]

Well, lets look at it:

1) The bat company sells bats and gets more money for bats that hit the ball farther.
2) Bats that hit the ball farther cause the ball to leave the bat at a faster rate.
3) Both the bat company and American Legion know that the high tech bats can cause injuries to pitchers, who are the only fielders that cannot control where they position themselves which causes them to be the closest fielder to the batter.

Now the bat company argues that this isn't their fault? Did they even try to show that their product was safe, even though their goal was to make their bats hotter than their competitors?

They deserved what they got.

The disregard for pitchers in baseball and in softball by the bat companies and the athletic organizations is horrible. They cause a kid to get killed and claim innocence when they could foresee this incident.

How do you figure? I mean, without knowing what model of bat it is, who's to say it's wasn't a $30 Wallyworld special? What was the speed off this bat, compared with similar models from other manufacturers? Everyone in the world knows it's possible to be injured in baseball, and there is safety equipment available. This kid chose to put himself in a situation. It's unfortunate, but it's nothing more than an accident. All this lawsuit is doing, is setting a giant slide down for youth sports.

[jtat32]

[
How do you figure? I mean, without knowing what model of bat it is, who's to say it's wasn't a $30 Wallyworld special? What was the speed off this bat, compared with similar models from other manufacturers? Everyone in the world knows it's possible to be injured in baseball, and there is safety equipment available. This kid chose to put himself in a situation. It's unfortunate, but it's nothing more than an accident. All this lawsuit is doing, is setting a giant slide down for youth sports.

I don't know the model, but I do know it wasn't a $30 Wallyworld special. It was noted that the bat carried about a $250 price tag, so that would put it at the top of the market, or close to it in 2004.

[Sam]

Uh.....every kid that plays baseball or softball makes the conscious decision to play the game KNOWING that they could be killed on any given play???? That's rich.

The jury found that the kid absolutely had no idea he could get killed.

Ask your DD if she knows that she could be killed playing softball. Let us know what she says.

The truth is that we expect the organizations to police the manufacturers to provide safe equipment. When it comes to bats, the hitters' parents have influenced the organizations to leave the bat performance levels at dangerous maximums in order to make up for their kids' lack of actual hitting ability. They will argue that the levels today are as safe as they can be....because they won't admit their kid sucks.

[absdad]

No, I said every kids knows they could get hurt. In other words, they know this is a dangerous sport. C'mon, if anyone could predict death...

I'd say the bat manufacturers and the governing bodies have made an effort to reduce speed off the bats in the interest of safety. Isn't there approved bat list? Just curious, what bat does your DD use? What if your DD hits a pitcher and her parents decide to sue you? You knowingly bought her a hot bat. Your dd intentionally used it in a game...

If we're going to sue for everything under the sun, then what happens when little Susie gets a chipped elbow from a pitch? Call an attorney and sue the ball manufacturer? What's the next step, all participants will have to inspect all players equipment, and then sign waivers?

And just so you know, I'm not busting your balls. I'm on the fence on this issue, but would like you to explain your POV more.