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Boy left deaf in one ear after line drive; family sues bat maker
Chicago Sun-Times ^ | 12/8/2010 | NATASHA KORECKI

Posted on 12/08/2010 10:40:44 AM PST by toma29

It was just another Little League game.

The pitcher had just thrown two strikes. But when the next pitch was hurled, the batter smashed it and sent a line drive straight into the pitcher.

For 11-year-old Jake Schutter of Mokena, the moment forever changed his life.

Standing on the pitcher’s mound, the ball crashed into the left side of his head.

He dropped to the ground and began to vomit.

He later learned he would be permanently deaf in one ear. And his family is still unsure of the full extent of cognitive damage the incident caused, according to a lawsuit filed in federal court Tuesday.

Jake’s family blames not the batter, but the bat.

It was an Easton BT265, and most signficantly, it was metal.

(Excerpt) Read more at suntimes.com ...


TOPICS: Culture/Society; News/Current Events
KEYWORDS: baseball; law; lawsuits; legal
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Why not sue the baseball manufacturer? Or the sun for being out that day? Or God for letting it happen? Ridiculous.
1 posted on 12/08/2010 10:40:50 AM PST by toma29
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To: toma29

The batter hit him, not any manufacturer.

Sue the coach, the pitcher was improperly throwing...


2 posted on 12/08/2010 10:42:44 AM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: toma29

Why sue the manufacturer? He should have thrown low and outside after banking two strikes...;)


3 posted on 12/08/2010 10:43:45 AM PST by cardinal4 (Kagan and Sotomayor-Hope and Change)
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To: toma29

Mom and dad need to sue each other for letting their little boy play baseball.


4 posted on 12/08/2010 10:43:54 AM PST by RobinOfKingston
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To: toma29
Sue the forest. Sue the mines. Class Action.


5 posted on 12/08/2010 10:44:20 AM PST by Diogenesis ('Freedom is the light of all sentient beings.' - Optimus Prime)
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To: toma29

Much of the cost of living these days is related to the belief that there should be no randomness or consequences. We want life to be perfect.

Our great grandparents had no such expectations. They just lived life and moved on, good or bad.


6 posted on 12/08/2010 10:45:12 AM PST by lurk
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To: toma29

I guess we have to ban baseball.


7 posted on 12/08/2010 10:45:38 AM PST by GeronL (#7 top poster at CC, friend to all, nicest guy ever, +96/-14, ignored by 1 sockpuppet.. oh & BANNED)
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To: All

People using their children for monetary gain.....


8 posted on 12/08/2010 10:47:25 AM PST by Maverick68
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To: toma29
Now even the Field players will have to wear protective helmets. Its for the children's safety don't you know.

How the heck did we Sexagenarians manage to grow up without a Nanny State?

9 posted on 12/08/2010 10:47:32 AM PST by SandRat (Duty, Honor, Country! What else needs said?)
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To: toma29

Dangerous precedent being set here if they allow this go through. Liberals have been trying to make inanimate objects and their manufacturers liable for injuries for quite a while. Perhaps if they can accumulate some case law on it, they can attack guns from a different legal angle.

Ooh... the big metal bat went bang and made my little boy deaf. Ya know, the first thing I thought as I read this story’s headline: “Boy left deaf in one ear after...” not using ear protection at the shooting range. I mean, c’mon. There’s risk associated with EVERYTHING we do. Hell, walking is risky. I don’t blame the curb when I trip or my car tires when I miss a green light.

Sorry for your son’s hearing loss. We’ll all pray for his quick recovery. Get over yourself.


10 posted on 12/08/2010 10:48:10 AM PST by rarestia (It's time to water the Tree of Liberty.)
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To: toma29

The town was IRRESPONSIBLE for setting up a baseball field there too


11 posted on 12/08/2010 10:48:37 AM PST by Mr. K ('Profiling' you would be worse than grabbing your balls!)
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To: toma29

It is tragic for the boy that got hit. I’m always a little scared that my kid will hit a pitcher.

One of the problems with this age group is that some develop faster than others, and you have a teenager hitting a child pitcher.

But I don’t know what argument they can have that the bat manufacturer was in any way responsible.


12 posted on 12/08/2010 10:49:09 AM PST by Ironfocus
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To: toma29
Assumption of Risk.

It's a SPORT. Sh*t sometimes happens.

13 posted on 12/08/2010 10:50:29 AM PST by Dead Corpse (III, Alarm and Muster)
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To: toma29

it’s the pitcher’s fault for not throwing a strike like he is suppose to


14 posted on 12/08/2010 10:51:41 AM PST by paul51 (11 September 2001 - Never forget)
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To: toma29

The bat manufacturer should sue him for throwing balls at the bat... makes about as much sense.


15 posted on 12/08/2010 10:51:53 AM PST by OCC
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To: toma29
Well, not being a power hitter when I played baseball and softball, my goal was to always hit a line drive right straight back at the pitcher. Assuming that he wasn't able to field it or knock it down, it was a guaranteed single and could usually score a runner from second base.

Sorry about that pitchers, but if you want to throw a ball in my direction, don't be surprised if I hit one back in yours.

16 posted on 12/08/2010 10:52:24 AM PST by BlueLancer (I'm getting a fine tootsy-frootsying right here...)
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To: toma29

Don’t forget the company that sold the grass seed for the field, and the company that made the bleachers. Predatory lawyers like the one who filed this case disgust me. I have no problem with productive people making huge amounts of money, but the sleazy tort lawyers who file cases like this are simply parasites.


17 posted on 12/08/2010 10:53:03 AM PST by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: SandRat

As a slo-pitch softball pitcher I am already wearing protective equipment for my head. The bats are just too advanced and juiced these days. It’s simply a common sense precaution.

That being said, I believe the family is out of line here but such is the way of things today. Sue for anything!


18 posted on 12/08/2010 10:56:00 AM PST by day10 (Integrity has no need of rules.)
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To: toma29

The parents need to be prosecuted for child neglect.....by raising their child in a plastic bubble all his life, these parents did not allow the childs self defense reflexes a chance to develope adequately for self preservation.


19 posted on 12/08/2010 10:57:10 AM PST by sniper63 (Did you plug the hole in the border yet daddy........)
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To: toma29

We need a mandatory 30 day waiting period on aluminum bats!

AND, following the model of deer hunting, players will only be allowed X number of hits with an aluminum bat and Y hits with a wooden bat.

Sorry about the kid’s hearing, I really am. The parents suing the bat maker though is freakin’ stupid.


20 posted on 12/08/2010 10:57:38 AM PST by Made In The USA (This post may be recorded for quality purposes.)
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To: toma29

why not the ball maker?


21 posted on 12/08/2010 10:58:26 AM PST by NonValueAdded (Palin 2012: don't retreat, just reload)
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To: SandRat
How the heck did we Sexagenarians manage to grow up without a Nanny State?

I was talking to my grandmother (who lived to age 96) about her early days, migrating to Indian Territory in a covered wagon, raising a family of six on a farm with no modern conveniences, and such like.

I asked "GrandMama, how were you able to raise a big family in conditions like that?"

She replied "I don't know, but it sure a sturdy old woman out of me."

22 posted on 12/08/2010 10:58:43 AM PST by Ole Okie (American.)
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To: toma29
It was an Easton BT265, and most signficantly, it was metal.

And if it was a wood bat there was the risk that it could shatter and send a shard through the pitcher.

I really am surprised that they don't require all players in little league to wear helmets instead of just the batter and catcher.

23 posted on 12/08/2010 10:58:53 AM PST by KarlInOhio (All monopolies are detestable, but the worst of all is the monopoly of education. -Frederic Bastiat)
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To: toma29

There are warnings on bats. Did these parents not know that there is a possibility of getting his with a baseball or even a bat when playing baseball or when watching from the other side of the fence? Would the child have reacted in time from a bat with less ‘pop?’ It is a risky sport. I do think about it when my children are pitching and/or catching. It’s like knowingly playing Russian roulette with my children’s lives. I also worry when they’re playing football. I guess I should worry when they’re playing basketball, too. Sports are dangerous. Bats are dangerous. Wooden bats are dangerous. Wasn’t there a first base coach who was killed in the last few years in the minor leagues because a ball off a wooden bat hit him in the head? I may be misremembering.


24 posted on 12/08/2010 10:59:00 AM PST by petitfour (Are you a Dead Fish American?)
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To: SandRat
How the heck did we Sexagenarians manage to grow up without a Nanny State?

I don't know, but now that its here, they'll make sure it doesn't happen again.

25 posted on 12/08/2010 10:59:19 AM PST by mountn man (The pleasure you get from life, is equal to the attitude you put into it.)
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To: Ole Okie

“It sure made a sturdy old woman out of me.”


26 posted on 12/08/2010 10:59:56 AM PST by Ole Okie (American.)
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To: SandRat

“How the heck did we Sexagenarians manage to grow up without a Nanny State? “

I’d like to know how you allowed the nanny state to be created.


27 posted on 12/08/2010 11:01:00 AM PST by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: toma29
This is a heart-breaking story coming out of Illinois. I can say that, over here in MA, I'm going through some emotional distress just thinking of the tragedy.

Needless to say, I will be suing the newspaper that printed the story.

28 posted on 12/08/2010 11:02:28 AM PST by ClearCase_guy
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To: toma29

We need Lawyer Control badly!

While its sad that this kid is injured, its just as much his own fault as anyone else’s for not knowing how to play such an active infield position.

Line drives go toward pitchers frequently.


29 posted on 12/08/2010 11:03:20 AM PST by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: driftdiver

“How the heck did we Sexagenarians manage to grow up without a Nanny State? “

I’d like to know how you allowed the nanny state to be created.


Ouch!!!


30 posted on 12/08/2010 11:04:01 AM PST by PeterPrinciple ( Seeking the truth here folks.)
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To: toma29

They are missing a bet by not suing the owner of the land where the tree grew that provided the wood that was fabricated into the bat.


31 posted on 12/08/2010 11:05:33 AM PST by Iron Munro (This is our culture; fight for it. This is our flag; pick it up. This is our country; take it back.)
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To: toma29

Typical liberal garbage. Humans are not responsible for their actions. Inanimate objects are and the companies that make them.


32 posted on 12/08/2010 11:07:47 AM PST by Leftism is Mentally Deranged (Liberalism is against human nature. Practicing liberalism is detrimental to your mental stability.)
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To: ClearCase_guy

> “Needless to say, I will be suing the newspaper that printed the story.”

.
And I will be suing them too for the emotional stress of seeing my FRiend ClearCase_guy suffer so....


33 posted on 12/08/2010 11:08:39 AM PST by editor-surveyor (Obamacare is America's kristallnacht !!)
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To: toma29
While I'm sad for the boy, I disagree with the parents. There are risks inherent in living and in many of the activities we enjoy. Unless the injury was intentional, I see no moral basis for a lawsuit.

When my boys played in Little League, we saw some overly aggressive players from time to time. I remember one in particular who would intentionally hit the pitcher and take great pleasure in it. He thought it was a riot when he hit a pitcher in the groin. Even in those cases, however, it's not the bat manufacturer who is at fault.

What these cases teach us is the value of protective equipment and staying alert. Our son thought we were being silly and over-protective when we insisted that he wear a hard cup . . . until he saw the pitcher take a direct hit in the groin. No more argument.

34 posted on 12/08/2010 11:11:12 AM PST by Think free or die
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To: Iron Munro

It was a metal bat, have to sue mother earth I suppose.


35 posted on 12/08/2010 11:11:37 AM PST by Shimmer1 (Froggie sez water nice and warm)
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To: toma29

If you let your kid lpay any type of sports you know there is a chance of getting hurt....walking across the street can get you killed. When did we become a nation of lawsuits?


36 posted on 12/08/2010 11:12:01 AM PST by Jewels1091
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To: toma29

They should print large orange warning labels on every baseball:

WARNING: May cause injury. Do not attempt to catch this baseball with your head.


37 posted on 12/08/2010 11:12:10 AM PST by Kandy Atz ("Were we directed from Washington when to sow and when to reap, we should soon want for bread.")
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To: toma29

I was going to say, probably the bat was made in China. But I find that it was made in California. No doubt this lawsuit will drive them out of the state like everyone else.

http://www.answers.com/topic/easton-sports-inc


38 posted on 12/08/2010 11:12:25 AM PST by Cicero (Marcus Tullius.)
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To: toma29

The kid’s dad likely begged the coach to let his kid pitch and now he was to hit the lottery.

Merry Christmas


39 posted on 12/08/2010 11:13:10 AM PST by bray (Sarah Palin will destroy the Repub Party, hopfully!)
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To: toma29
Big topic in baseball right now are the “hot” metal bats. College has adopted new rules for this year that severely limit the speed at which a ball can leave the bat; trying to make metal bats more like wood. High school will adopt the rules next year. I don't have an issue with the new bat rules but anyone who thinks the risk of injury will be taken out of the game is as crazy as suing the bat manufacturers is.

Two years ago in a high school game I was coaching my 10th grade pitcher throwing about 75 mph had a pitch get away from him and hit the batter, who had turned and ducked, on the brain stem. After 45 min of life saving first aid the boy was life flighted out and died 2 days later. 2 weeks later one of my players got nailed right on the ear flap of the helmet by a pitch that was 91 mph on the gun; he got up and trotted down to 1st. Sometimes things just happen.

It ordeal was terrible for everyone, the coaches, my players (especially the pitcher), the fans, the other team, the kid's parents but no one ever talked about suing. The player's parents sought out my pitcher to tell him they didn't blame him, that it was an accident, and that he should keep on playing. I have always been impressed with the class and grace those parents showed at the most difficult of times; when I read about this lawsuit I'm even more impressed.

40 posted on 12/08/2010 11:13:57 AM PST by fungoking (Tis a blessing to live in the Ozarks.)
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To: toma29

It looks like all the pundits left out suing the ball manufacturer. It’s the ball that hit the kid, not the bat.


41 posted on 12/08/2010 11:23:13 AM PST by LoneRangerMassachusetts (The meek shall not inherit the Earth)
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To: toma29

Looters.


42 posted on 12/08/2010 11:24:45 AM PST by TigersEye (Who crashed the markets on 9/28/08 and why?)
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To: fungoking

I feel for you.
When I was a teenager, I watched from 2nd base as my cousin Mark was hit in the chest with a foul tip (he was playing catcher).
The ball rolled a couple of feet from him, he picked up the ball, threw it to my cousin Eddy (we’re from a small town, lots of cousins), then he collapsed on the spot...they never got another heartbeat from him...


43 posted on 12/08/2010 11:24:50 AM PST by Maverick68
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To: editor-surveyor
Line drives go toward pitchers frequently.

I got one in the gut as a kid. Hurt like a bastard.

44 posted on 12/08/2010 11:26:05 AM PST by LoneRangerMassachusetts (The meek shall not inherit the Earth)
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To: toma29
Crap just happens, but this is ridiculous to sue the bat maker. A long time ago, I was teaching my 10-year-old daughter how to hit and pitch baseballs. Stupid Dad (me) carelessly swung on her pitch incorrectly and the ball hit her in the chest. She shook it off after five minutes and continued to practice.

20 years later, she loves risk-taking, like water-skiing and ice-hockey with the men her husband hangs around with. She's fallen on the ice after hits and shakes it off. No fear. Life has risk, and you take your lumps if crap happens.

45 posted on 12/08/2010 11:27:50 AM PST by roadcat
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To: fungoking

Personally, I’d like to see NCAA and UIL adopt a wooden bat rule like MLB. There would be fewer home runs, but you would hear the crack of the ball on wood rather than the clang of the ball on aluminum.


46 posted on 12/08/2010 11:27:53 AM PST by VRWCmember
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To: Shimmer1
It was a metal bat, have to sue mother earth I suppose.

Ooops! I missed that.

But that opens a new door or two.

Why not sue the company that mined the bauxite?

And the refiner, the designer, the manufacturer and the truck driver who delivered the finished product?


47 posted on 12/08/2010 11:28:05 AM PST by Iron Munro (This is our culture; fight for it. This is our flag; pick it up. This is our country; take it back.)
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To: toma29
I remember about a decade ago, they made the standard for bats at high school level and above at -3 for weight to length. For example, a 33 inch bat could not weigh less than 30 ounces. Problem is, that standard does not apply to leagues below that. I have seen bats for Little League aged players at -8 and -11.

Even if the same standard was adopted, the advances in alloys and composites have made the bats livlier. The only real solutions would be a limitation on the f.p.s. off the bat, similar to golf club regs. Another novel solution would be going back to wood.

I play baseball in an adult wood bat league. All bats have to meet BESR specs. Some these days are made of bamboo and composite wood. Unlike maple bats, they don't shatter when the break, if they break at all. I have had one for 4 years and use it often in batting cages. Not a crack in it, yet.

The only reason the pitcher's parents are suiing Easton is due to the deep pockets of the company.

48 posted on 12/08/2010 11:28:43 AM PST by edpc (It's Kräusened)
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To: Ironfocus
But I don’t know what argument they can have that the bat manufacturer was in any way responsible.

The bats are indeed responsible for the accelerated speed but that's all. If there is any party to blame then it's on the parents of all little leaguers who want their kids to be home run hitters until their own little kid gets injured like this one.

I play a lot of senior softball and the two main governing bodies are the ASA and USSSA. The ASA has a "Banned Bat List" that is 3 or 4 pages long and each year keeps growing. USSSA's list isn't as long but it still is extensive.

Softball bats today have evolved beyond the metal bats and are now called "composits" since they are made out of carbon fiber. These bats can be made really "hot"....and manufacturers are now being forced to "dumb them down" so they can be used in ASA and USSSA league play

Here's the kicker tho, nobody I know wants to use the "dumbed down" bats but are forced to. The only reason the softball agencies now have such strict rules is to protect themselves and the leagues from potential lawsuits........So the whole industry suffers.

49 posted on 12/08/2010 11:31:08 AM PST by Hot Tabasco (There's only one cure for Obamarrhea......)
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To: toma29

This is an example of something I heard Denis Leary say the other night when he was being interviewed about his new book by O’Reilly. Don’t remember the exact quote, but it was something to the effect that “Americans have been so privileged over the past few generations that we expect nothing bad to happen.”


50 posted on 12/08/2010 11:31:57 AM PST by ssaftler ("Politically Correct" is neither!)
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