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Jury Awards $850K In Louisville Slugger Case
KCCI ^ | 10/28/09 | Matt Gouras

Posted on 10/31/2009 10:47:17 PM PDT by steve-b

A jury on Wednesday found that the maker of Louisville Slugger baseball bats failed to adequately warn about the dangers the product can pose, awarding a family $850,000 for the 2003 death of their son in a baseball game.

The family of Brandon Patch argued that aluminum baseball bats are dangerous because they cause the baseball to travel at a greater speed. They contended that their 18-year-old son did not have enough time to react to the ball being struck before it hit him in the head while he was pitching in an American Legion baseball game in Helena in 2003.

The Lewis and Clark County District Court jury awarded a total of $850,000 in damages against Louisville, Ky.,-based Hillerich & Bradsby for failure to place warnings on the product....

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


TOPICS: Government; US: Montana
KEYWORDS: tortreform
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1 posted on 10/31/2009 10:47:18 PM PDT by steve-b
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To: steve-b

Tragic their kid was hurt, but to take the bat to Louisville Slugger stinks. Another batch of tort lawyers looking for the big payola...(can you say “contingency fee”? I knew you could.)


2 posted on 10/31/2009 10:50:15 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: steve-b

Just a thought, but does this mean that the next kid who can peg a fast ball over the Center Field Fence with a willow switch has to get a warning tatooed on himself somewhere? Sheesh.


3 posted on 10/31/2009 10:51:49 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: steve-b

Can the ends of baseball and football - sport of any kind - be so far behind?


4 posted on 10/31/2009 10:56:02 PM PDT by onedoug
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To: steve-b

There’s really no need to have aluminum bats. I understand they are more durable than wood bats, but they are more dangerous.


5 posted on 10/31/2009 10:57:01 PM PDT by Judges Gone Wild (Who is this uncircumcised, to oppose the armies of The Living God?)
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To: steve-b

Metal baseball bats are an abomination.

Baseball bats should be made of ash, as God and Alexander Joy Cartwright intended.

Hooray for the verdict.


6 posted on 10/31/2009 10:59:40 PM PDT by devere
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To: steve-b

Are they also suing the maker of their sons mitt that failed to stop this obviously dangerous ball? Oh yeah, sue the maker of the ball too


7 posted on 10/31/2009 10:59:40 PM PDT by Figment ("A communist is someone who reads Marx.An anti-communist is someone who understands Marx" R Reagan)
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To: steve-b

Yeah, and McDonalds coffee is hot.


8 posted on 10/31/2009 11:05:13 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: devere

you forgot the /sarcasm tag... to your post methinks.


9 posted on 10/31/2009 11:10:21 PM PDT by robomatik
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To: robomatik

“you forgot the /sarcasm tag... to your post methinks.”

You thinks wrong.

And McDonald’s coffee was also much too hot — near the boiling point, just to save a few cents of coffee per pot.

Sometimes juries see the truth and do what needs to be done.

Metal baseball bats are too dangerous for the professionals.

Amateur baseball teams use them to save money, risking the lives of their players.
There should be a warning on each and every bat.

When I was a kid I could afford my own ash baseball bats. Are we really now that destitute?


10 posted on 10/31/2009 11:19:07 PM PDT by devere
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To: steve-b

Too bad 0bama didn’t come with a warning label on his forehead.

Can we sue?

This ruling is just more of them that “don’t” giving to themselves from them that “do”. 0bama is legitimizing that mindset.

Prayers up for the lost one.


11 posted on 10/31/2009 11:19:24 PM PDT by papasmurf (RnVjayB5b3UsIDBiYW1hLCB5b3UgcGllY2Ugb2Ygc2hpdCBjb3dhcmQh)
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To: pissant

http://www.lectlaw.com/files/cur78.htm


12 posted on 10/31/2009 11:22:28 PM PDT by ltc8k6
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To: devere

If the rules can decide that a baseball bat can’t be a tennis-racket type thing, then they can also decide that bats can’t be aluminum or anything else that carries them further and faster.

I can get more homeruns by using a super-ball. I can get fewer by allowing the pitcher to throw a golf ball. But, I don’t.


13 posted on 10/31/2009 11:22:48 PM PDT by xzins (Retired Army Chaplain and Proud of It! Those who support our troops pray for their victory!)
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To: devere

Not all wood bats are ash.

Wood bats cost a fortune now and when I played we broke so many that bat bag got light by the end of the season.

The old ash has been picked over, Maple bats are fairly common.

If you were into woodworking you’d know there are blanks available for more than just ash and one thing they have in common - None are cheap.

Kids who aren’t talented enough to pick the splinters out of their butt are far more common than when I was a kid.


14 posted on 10/31/2009 11:23:02 PM PDT by Eagles2003
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To: devere

while i agree with your premise that aluminum bats are more dangerous because they cause the ball to travel at a faster speed, should .45 cal. ammo be banned because it is more harmful to a human body than .22 ammo?


15 posted on 10/31/2009 11:24:46 PM PDT by robomatik
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To: devere

Wood bats are very expensive.

A better solution would be a certification system for metal and composite bats. They should be designed to hit a ball with the same forces as a wood bat.

It wouldn’t get rid of the “ping,” but it would make the game more even.

Just remember that Mike Coolbaugh was killed with a ball hit by a wood bat and players have been fatally beaned by pitches. Baseball will never be without risk.


16 posted on 10/31/2009 11:30:14 PM PDT by MediaMole
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To: devere
"There should be a warning on each and every bat."

you mean like, "i'm too insipid to operate this device, so i need a written warning so i can't sue the manufacturer," type warning?"

obama needs a new "warning csar," maybe you are available...

17 posted on 10/31/2009 11:31:07 PM PDT by robomatik
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To: Eagles2003

“Wood bats cost a fortune now”

$29.95 from amazon.com including free shipping:

http://www.amazon.com/Louisville-Slugger-Natural-Baseball-34-Inch/dp/B001Q3LEEG/ref=sr_1_2?ie=UTF8&s=sporting-goods&qid=1257056787&sr=8-2

In constant-dollar terms, ash baseball bats are cheaper than when I was a kid.

“The MLB180 bat, for instance, is made of professional-grade ash, pound for pound the strongest timber available. Ash offers a flexibility that isn’t found in other timbers, including maple, resulting in a barrel that tends to flex rather than break. This gives you a larger, more forgiving sweet spot in terms of breakage. In addition, ash is lighter than maple, so players can choose from among several large-barrel sizes. It all adds up to a terrific choice for casual players who love the look and feel of a genuine wood bat, or professionals who value a high-quality bat performance.”


18 posted on 10/31/2009 11:36:32 PM PDT by devere
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To: robomatik

“you mean like, “i’m too insipid to operate this device, so i need a written warning so i can’t sue the manufacturer,” type warning?”

No, an “if used as intended this bat may sometimes cause fatal injury” warning.


19 posted on 10/31/2009 11:38:59 PM PDT by devere
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To: robomatik

Reminds me of two really stupid product suits brought against manufacturers.

1). The Ametek “Big Boy” washing machine was huge, in laundromats and a big favorite with the Army. Front Load, stick your arm in and try to grab wet clothes before it stops spinning and you might lose everything up to the shoulder.

They pay a clown to find and remove them all to stop the liability suits. Clown re-sells some he was paid to remove and guess what, the deep pockets get sued, not the clown.

Worse, the machines had been “fixed” so the drum wouldn’t stop spinning when the door was opened.

2. Guy injures himself trimming his hedge with a gas powered lawnmower and sues the manufacturer because there was no warning label telling him not to pick it and try to trim a hedge with it.

This stuff didn’t happen yesterday, both cases are from the ‘70s IIRC.


20 posted on 10/31/2009 11:40:57 PM PDT by Eagles2003
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