Frivolous Lawsuit?

[John Scott]

(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.

Frivolous, or valid claim?

[Zap]

I think this...

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.

more than anything, is what contributed to the brain damage.

Perhaps the parents "knew or should have known" that participating in a baseball game could result in injury to the participants, including the pitcher.

The more interesting question for me, here, is why was there nobody there in the game or in the stands who knew CPR? Or, in the age of kids with cell phones, why couldn't someone call 911 and have the procedure explained to them so they could perform it until help arrived?

[South]

I think it's shameful. They're suing the maker of a baseball bat because it correctly performed the sole duty it was designed to perform. I understand that they're hurt by the debilitation of their son and possibly burdened by the new financial obligations that come with a disabled child, but THEY signed their child up to play the game, and they knew exactly how the game is played. Bats hit balls that project at high rates of speed, and if you get hit it's dangerous.

This was a freak accident that the parents are handling in a pathetic fashion. On the other hand, I can't imagine what happens to your mind when your child gets hurt that badly. It's got to knock a screw or two loose.

[thegamerslink]

Doesn't this fall along the same lines of suing the gun manufacturer because someone pointed a loaded gun at someone and pulled the trigger? I would think along the same lines you would think that children services could charge the parents with child endangerment for knowingly allowing the child to be subjected to a dangerous situation. I don't see that as any more ridiculous as the lawsuit. Meaning I see them both as extremely stupid ideas.

[jabo]

I think that the parents are the ones who should be blamed. Any sport is dangerous in any way and it is only safe with proper guidance. In the future, if a man slips in a banana peel, the farmer who grew the banana would be sued.

[robert s.]

there is only one answer:
absolutely frivolous!!

[m42]

Yes.