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Baseball a Risky Business -- for Spectators
The Connecticut Law Tribune via Yahoo Finance ^ | 8/25/06 | Thomas B. Scheffey

Posted on 08/25/2006 7:22:30 PM PDT by chet_in_ny

Michael Teixiera took one for the team. He lost his personal injury case against the New Britain Baseball Club, Inc., after he was struck in the testicles by an errant ball. But if Connecticut continues to follow the "limited duty rule" applied by New Britain Superior Court Judge Dan Shaban, the traditional proximity of ballplayers and spectators can be preserved.

ADVERTISEMENT "[O]ne of the great lures of the game that still remains to bring spectators to the park, young and old alike, is the anticipation and hope that by the end of the game they will leave with a souvenir in the form of a ball that has come off the field of play," Shaban observed.

Teixiera, a former varsity baseball player at Florida State, took his young son to a New Britain Rock Cats game on July 3, 2004, and was enjoying the all-you-can-eat barbecue at an area known as The Patio, near the first base line. Players were warming up on the field, and Teixiera couldn't tell whether the ball that hit him was thrown or batted.

He was represented by John J. Houlihan Jr., of Hartford's RisCassi & Davis. Teixiera charged that the ball club lacked adequate fencing, that it allowed players to throw towards The Patio, and that it failed to adequately warn of a serious danger.

(Excerpt) Read more at biz.yahoo.com ...


TOPICS: Miscellaneous
KEYWORDS: baseball; tort
IMO, good decision by the judge.
1 posted on 08/25/2006 7:22:31 PM PDT by chet_in_ny
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To: chet_in_ny

Send him to the showers.


2 posted on 08/25/2006 7:23:58 PM PDT by battlegearboat
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To: chet_in_ny

I hate lawyers


3 posted on 08/25/2006 7:24:05 PM PDT by Last Dakotan
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To: Last Dakotan

Hey, for every lawyer pushing a frivolous lawsuit, there's one on the other side trying to shut it down.


4 posted on 08/25/2006 7:31:05 PM PDT by Gordongekko909 (I know. Let's cut his WHOLE BODY off.)
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To: Gordongekko909

Not necessarily. There can be more than one lawyer on each side.


5 posted on 08/25/2006 7:36:38 PM PDT by thoughtomator (There is no "Islamofascism" - there is only Islam)
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To: chet_in_ny
...after he was struck in the testicles by an errant ball.

Three balls turned into strikes - he's out of there! ;-)

6 posted on 08/25/2006 7:49:16 PM PDT by glorgau
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To: chet_in_ny
At my son's high school, the football/soccer and baseball fields are adjacent. A boy was watching his sister play soccer in the football stands and got a broken nose when hit by a foul ball. The next winter the school erected a new (higher) backstop.
7 posted on 08/25/2006 7:52:17 PM PDT by BW2221
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To: chet_in_ny
Moral of the story... ALLWAYS where a cup... even as a spectator ;-)

Anyway, a cup is S.O.P. even when I roam the vast expanse known as right field.

#23 Plano (Texas) Yankees

8 posted on 08/25/2006 8:08:17 PM PDT by Trajan88 (www.bullittclub.com)
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To: chet_in_ny

9 posted on 08/25/2006 8:13:44 PM PDT by Rb ver. 2.0
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To: Gordongekko909
Hey, for every lawyer pushing a frivolous lawsuit, there's one on the other side trying to shut it down.

Yeah I know. He's the one you have to pay for. All the while he is agreeing with you about how bad the system is while collecting his check.

10 posted on 08/25/2006 8:28:49 PM PDT by Last Dakotan
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To: glorgau

I've got a couple of "ache'rs" I'd like to sell....


11 posted on 08/25/2006 8:35:01 PM PDT by fifthestate
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To: chet_in_ny

I agree. We might see more of this with people going to baseball games and just sitting there yapping on their cell phones. Some of those seats are so close to the field that you have to watch and pay attention at all times.


12 posted on 08/25/2006 8:45:42 PM PDT by fkabuckeyesrule (My Dell (2004-2006))
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To: fkabuckeyesrule

That's what they do at Browns games, more losers there on their phones than actual fans.


13 posted on 08/25/2006 8:51:46 PM PDT by darkangel82 (Higher visibility leads to greater zottability.)
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To: chet_in_ny

Spends his entire childhood playing Little League, plays varsity ball in HS, plays for a college team and then complains that there weren't enough signs warning of the danger? Give me a break. Excellent opinion by the judge.


14 posted on 08/25/2006 9:10:19 PM PDT by ProtectOurFreedom
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To: darkangel82
***That's what they do at Browns games, more losers there on their phones than actual fans.***

Really? Things must be different from the late 80's when we would go to the Browns-Bengals games and sit in the dog pound. In 1990 it was 40 below wind chill. BRRRR!

15 posted on 08/25/2006 9:19:12 PM PDT by fkabuckeyesrule (My Dell (2004-2006))
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To: chet_in_ny

Every ticket for every baseball game I have ever been to has a warning on it about balls going into the stands.


16 posted on 08/25/2006 9:21:24 PM PDT by Straight Vermonter
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