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Nickname:
TG.
Posts: 3424
Member Since: 7/25/07
Posted: 10/29/2009 9:14am
Views: 433
Replies: 4
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Hey Tumble .... any comments
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I'd be curious on your views of this decision if you're able to comment.
Louisville Slugger loses 850K wrongful death suit
[ Modified 10/29/2009 9:15am by TG. ]
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Nickname:
Daque
Posts: 3209
Member Since: 7/01/03
Posted: 10/29/2009 9:26am
Views: 426
Replies: 1
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Re: Hey Tumble .... any comments
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It will most likely be appealed and reversed when out of the local arena. If the amount would have been 250K it would have been accepted since it would have been cheaper than appealing.
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Nickname:
Danbam
Posts: 932
Member Since: 3/28/07
Posted: 10/29/2009 9:37am
Views: 425
Replies: 1
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Re: Hey Tumble .... any comments
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I would assume that TB's attorneys have advised him not to comment on the subject.
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Nickname:
TG.
Posts: 3424
Member Since: 7/25/07
Posted: 10/29/2009 10:00am
Views: 414
Replies: 0
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Re: Hey Tumble .... any comments
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You may be right. But why provide the excuse? The bat companies may feel compelled to make a public statement. If so, I'd like to see Anderson's posted here. And I agree it will be appealed.
[ Modified 10/29/2009 10:02am by TG. ]
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Nickname:
piks6
Posts: 259
Member Since: 8/16/03
Posted: 10/29/2009 10:10am
Views: 412
Replies: 0
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Re: Hey Tumble .... any comments
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At issue is the "inherent risk" involved in pitching.
The traditional inherent risk source was wood bats.
Over time, the commonly accepted inherent risk source became non-wood bats.
Which standard do you invoke?
It's ironic that H&B would be cited in the NY Times for being the target of three batted-ball lawsuits--H&B is on the conservative/responsible end of the baseball bat design spectrum.
Of the three H&B cases cited in the article, I find the Brett case the most compelling from a legal standpoint, because of the Wild West un-regulated nature of the Air-Attack bat in question. In any event, in retrospect, an unfortunate choice of a name for a baseball bat.
Of course, all of our hearts go out to anyone anywhere whose child suffers grievous harm of any sort, regardless of legal ramifications.
[ Modified 10/29/2009 10:13am by piks6 ]
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Nickname:
tumblebug
Posts: 1011
Member Since: 9/12/01
Posted: 10/30/2009 8:17pm
Views: 261
Replies: 1
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Re: Hey Tumble .... any comments
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While the incident is truly tragic, nobody is truly at fault here.
This is a case where hard facts and sympathy made a jury a little crazy. They wanted to help the family, but did not think anything was wrong with the bat. These concepts are not mutually exclusive. For example, cigarettes are not “defective” in that they perform properly, but they are “dangerous” in that they cause numerous health problems, illness and death. By the same token, the bats perform to all effective standards; however, they can be dangerous.
The problem with the ruling is that all participants in baseball games know of the inherent dangers and “assume the risk” of injury. In order to obviate this problem, perhaps we might come up with a short warning label to put on Anderson bats or a paper warning to accompany the bats upon sale – something like:
“Balls struck by this bat can reach speeds that may cause injury to players and spectators. Protective gear and caution should be used.”
If challenged I think it will be overturned. The bat starts and stays within the rules for the life of the product. All of the risks are known.
This however, in my opinion,is not true of of composite bats that break-in and get hotter. If in this same case it was a composite bat that was proven to improve beyond the rules, H&B would be called Patch Bats cuz the family would own that company. I think the industry is playing with resin-reinforced-fiber fire and someone is going to get burned.
[ Modified 10/30/2009 8:23pm by tumblebug ]
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Nickname:
TG.
Posts: 3424
Member Since: 7/25/07
Posted: 10/30/2009 8:57pm
Views: 259
Replies: 1
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Re: Hey Tumble .... any comments
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thanks
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Nickname:
MyTwoSons
Posts: 1108
Member Since: 2/18/07
Posted: 10/31/2009 5:52pm
Views: 217
Replies: 0
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Re: Hey Tumble .... any comments
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My son sent a pitcher to the hospital today with a line drive off the ankle. He was swinging a 33-31 wood. He almost took out a 2nd pitcher and was walked when the pitchers figure he was too dangerous to pitch to.
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Nickname:
kal_
Posts: 2863
Member Since: 6/06/02
Posted: 11/2/2009 7:33am
Views: 164
Replies: 0
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Re: Hey Tumble .... any comments
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Tragic.
Attempting not to bring emotion into the equation... are relevant statistics available on the number of wood vs non-wood pitching injuries per million pictches thrown?
(I would think pitches thrown is the relevant statistic since fewer games were played at youth levels when wood was dominant.)
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Arky's Rule!
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