A young baseball player died after being struck in the head with a vicious linedrive, so who is to blame? Obviously the company that made the baseball bat!
After 12 hours of deliberation, a jury sided with the parents of former Miles City American Legion baseball pitcher Brandon Patch in a civil suit over the player's death during a 2003 game in Helena.
Aluminum bat maker Hillerich & Bradsby Co. failed to provide adequate warning as to the dangers of the bat used by a Helena Senators player during the game, at least eight of the 12 Lewis and Clark County jurors agreed Wednesday.
Hillerich & Bradsby Co. was ordered to pay $792,000 to Patch's estate, which is represented by his mother, Debbie Patch, who filed the suit. Those funds were allotted to cover the lost earnings Patch would have made had he lived, and the pain he suffered from the injury before he died about four hours after being struck in the temple with a batted ball.
"This was for Brandon and the kids on the field," Debbie Patch said after hearing the ruling. "We just hoped we could get the truth out for more people to see."
In the verdict read in District Judge Kathy Seeley's courtroom, the jurors found the company, which makes Louisville Slugger bats, liable for failing to warn users of the danger of its aluminum bats and that this failure caused the accident that killed 18-year-old Patch.
A third decision was that the bat was not defective. Attorneys representing Debbie Patch argued during the week-long trial that the bat used on July 25, 2003, was defective because it was more dangerous than the average user would expect.
Another $58,000 was awarded by the five-man, seven-woman jury to parents Debbie and Duane Patch for their mental grief and funeral expenses. The original suit, filed in June 2006, did not seek a specified amount.
Duane Patch shook and sobbed as the verdict was read. He clutched his wife in an embrace as they both wiped tears, and he repeatedly pointed to the sky, as if to his son.
"That's a grand slam," Duane Patch said as he hugged one of the family's attorneys.
Debbie Patch said they went into the suit unsure but hoping to prevail. When the jury went into a second day of deliberation, she wasn't sure if that would be in her favor. She said it was never about the money.
"We just want to save someone else's life," Debbie Patch explained, adding she hopes other players and parents now will get adequate warning about the dangers she perceives with aluminum bats.
While the Patch family doesn't have set plans for the funds, there has been talk of putting on a wooden-bat tournament in Miles City. That American Legion team, the Mavericks, only uses wood bats now.
"We should go back to the way baseball is supposed to be played," she said.
All teams should use wooden bats, the way professional players do, Debbie Patch added. Aluminum bats have been scrutinized because of the internal wall structure and because their weight is more evenly distributed than wooden ones, making them easier to swing harder and faster.
Attorneys for Hillerich & Bradsby Co. argued any other bat would not have hit the ball differently; in fact, they said, most bats on the market at the time would have struck the ball harder. Patch's death was a tragic accident, they said. The defense lawyers declined comment after the verdict was read.
Baseballs hit with aluminum bats, such as the one used in that American Legion game, only give pitchers milliseconds to respond in a defensive stance, the plaintiffs said. Plaintiff's attorney Joe White said the average time needed by a pitcher to defend a batted ball is 400 milliseconds. Patch had 378 milliseconds to respond, he said.
Eyewitnesses called by the plaintiffs said they could not see the ball between the time it left the bat and when it ricocheted off Patch's head. Patch collapsed on the mound. He died as a result of his injuries about four hours later.
"Brandon was with us," Debbie Patch said. "No. 11 showed up all of the time. He knows I wouldn't stop."
I'd sue the parents. It was their decision to let their kid play in BLOOD SPORTS!
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Tort law... ugh. I didn't read through it, was it based off negligence from the company? I would think that would be covered by assumption of risk because he knowingly played a dangerous game in which he could have been hurt/killed by any number of things... the company can always take it to the appeals court and have the decision reversed, that isn't the final say in the matter.
Prepare to have some shiny new stickers on baseball bats with a big WARNING on them.
I bet they are a ***** to peel off too. Damn you, legal system!
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I've been reading up on this story, it's really weird to say the least. They think the bat company should be held liable since a ball can travel faster when struck by an aluminum bat. I don't really know what a warning label would solve or how the manufacturer is responsible. If anything I'd think the organization regulating high school baseball would be held responsible.
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Tort law... ugh. I didn't read through it, was it based off negligence from the company? I would think that would be covered by assumption of risk because he knowingly played a dangerous game in which he could have been hurt/killed by any number of things... the company can always take it to the appeals court and have the decision reversed, that isn't the final say in the matter.
How can the company be negligent when they make a tool to hit a ball far distances? Read the article, the kid died after getting hit in the head with a baseball. Trying to blame the company is like water under the bridge.
How can the company be negligent when they make a tool to hit a ball far distances? Read the article, the kid died after getting hit in the head with a baseball. Trying to blame the company is like water under the bridge.
Not warning people that a aluminum bat will make balls travel faster when hit. I'm still baffled that they're going after the bat manufacturer rather than the organization regulating high school baseball though.
You pretty much have to put a warning label on anything that's "dangerous" or you could potentially be sued.
i prob would have moved out of the way/caught the ball, meh
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Wooden bats cost more than aluminum bats because the average lifespan of a wooden bat is a lot less than that of an aluminum bat. For teams and people trying to save money by buying a bat that they can use for the next few seasons, aluminum is really the only option.
Not warning people that a aluminum bat will make balls travel faster when hit.
I'm going to sue General Motors for making my car faster than the original cars were, because they go faster, thus more people are killed in accidents.
This kind of logic is astounding--it was a freak accident, and a kid died. That's sad and all, but there's nearly 10 billion people on this planet.
Quote:
Originally Posted by bigbootyhos
I'm still baffled that they're going after the bat manufacturer rather than the organization regulating high school baseball though.
You pretty much have to put a warning label on anything that's "dangerous" or you could potentially be sued.
They shouldn't be 'going after' anyone, it was a freak accident.
Jury is idiotic in this case. Defense lawyer near terrible considering circumastances of game. isn't that a mutually known risk of baseball? Or doing anything, I can trip and fall walking on a street and claim the street hurt me and the town owes paint and suffering. The whole court system is screwy.
Lost wages and pain and suffering? Come on now unless they have a what if machine that can see into the future how would they even know? The nerve for them to say it was never about the money..pff.
I'm going to sue General Motors for making my car faster than the original cars were, because they go faster, thus more people are killed in accidents.
This kind of logic is astounding--it was a freak accident, and a kid died. That's sad and all, but there's nearly 10 billion people on this planet.
They shouldn't be 'going after' anyone, it was a freak accident.
Well, you've to be realistic here; America is a country where you can be sued for just about anything. I don't agree with this at all, but it's the way it's.
but there's nearly 10 billion people on this planet.
FYI you should re-look up that number, so you don't look dumb in public
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