Jury Awards $850,000 In Louisville Slugger Case Hillerich And Bradsby Considers Appeal By Ben Jackey/WLKY POSTED: 4:13 pm EDT October 29, 2009 UPDATED: 9:15 am EDT October 30, 2009
LOUISVILLE, Ky. -- A Montana jury took a swing at the makers of the Louisville Slugger baseball bat.
The panel ruled in favor of a family who sued the company for not warning users about the dangers of using aluminum bats.
The verdict means Hillerich and Bradsby is on the hook for $850,000. The company said it's not sure what it means beyond that because the jury also decided there was nothing wrong with the product.
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“We think that most players understand the risk that they're taking when they step onto the field,” said Hillerich and Bradsby spokesman Rick Redman.
In 2003, 18-year-old Brandon Patch died after being hit in the head by a ball he threw to a batter. That batter was using an aluminum Louisville Slugger.
Patch family attorneys argued the manufacturer did not provide proper warning about the dangers of using aluminum bats.
A jury awarded the family a total of $850,000, including $750,000 in lost wages.
“We came into this not knowing. We were just hoping to prevail for Brandon. This is for Brandon and for the other kids on the field,” said his mother Deb Patch.
“I think we're all kind of wondering if this is even an indictment of the entire game of baseball,” said Redman.
Redman pointed to the fact that the jury did not find the product to be defective. He doesn't know if the company will now have to put special labels on metal bats, but he fears it could change sport as we know it.
“It's really a statement on the society that we live in today that we have to have a warning label on everything and that you just wonder if we're heading down that path more and more of being a nanny state,” said Redman.
Redman said Hillerich and Bradsby is considering whether to appeal the decision.
There is still an outstanding case in New Jersey against the company involving a teen paralyzed by a line drive that came off an aluminum Louisville Slugger.
Is his pitching instructor at risk of being sued. Better yet, how about the hitters hitting coach?
Guys I am very close to this case. VERY.... This is only the beginning of things to change. I have spoken to the Patch family and they are very good people. They host a wood bat tournament every year that I am a part of. The family has also convinced a lot of teams to go wood bat in memory of Brandon. If you saw the video you as a parent would not believe it. This is a very touchy subject and until you have experienced or witnessed something like this it's hard to commit.
Cade Griffis
Posts: 152 | Location: Addison | Registered: June 19, 2005
Originally posted by KCR: Guys I am very close to this case...This is a very touchy subject and until you have experienced or witnessed something like this it's hard to commit.
quote:
Originally posted by Rock Dad: It's interesting to me that you guys find humor in a player being killed. What does that say about you?
Geesuz. You know I think everybody gets the fact that when there's a human tragedy, there are going to be people are close to it and who are traumatically impacted. And I think we all understand that there is usually more to the story that meets they eye. But the fact is that most people aren't close to it, and to them its just public news and off-handed comments happen everyday.
So here's a test for those of you who think we should all walk around in a state of terminal reverence in consideration for your experiences...what was your reaction the first time you heard the famous story about the lady's family who sued the blow dryer company after she electrocuted herself in the bathtub? No...what was it really? Maybe we should all go call her family and beg for forgiveness for our cynical behavior.
Posts: 85 | Location: Texas | Registered: August 07, 2008
Originally posted by Rock Dad: It's interesting to me that you guys find humor in a player being killed. What does that say about you?
That's why I placed "Tragic" in the topic. It is a sad story. However, how can a company be held responsible to the tune of $850,000 for an accident? Tragic, no doubt. But it is still an accident with no malicious intent. Anything else I say would be political in nature, so that's enough.
By the way, it happened in 2003. So this has been going on for a while.
Wow, I feel powerful that I can make someone sad by posting on this board.
Ok, so no one's joking about the player and his family's situation. Van I wasn't referring to your post. Just read the 'warning label' post.
I don't equate this to the blow dryer or the lady who spilled the mac coffee in her lap because this is a baseball board and many of us have son's pitching.
I'm all for personal responsibility. We all know the ball and bat can cause injury. But when I hear about a pitcher being hit by a batted ball I can't help but think about that saying, "...there but for the grace of God go I.." If you have a son pitching at a high level you have to think about the possibility of him getting hit by a come backer. That's what came to mind for me rather than a warning label or a lawyer. That's just me. If you thought of something else that's fine you're not a bad person. I try not to make light of someone's tragedy or their reaction to that tragedy in public.
I don't expect I'd be suing the bat manufacturer but who really knows what you'd do if you were in their situation. If you read their website it looks like they've taken up the cause to get rid of non-wood/metal bats. Suing H&B is just a means to their end.
I always find it amazing that there's 360 deg of space in three dimensions that a ball can go when it leaves a bat yet on occasion it goes directly toward the pitcher's head.
There is tragedy in sport. We could list stories of accidental death or paralysis or some other form of tragedy in nearly every activity that we consider as "sport".....football, basketball, skiing, certainly boxing.....(is fishing a sport?). My sons pitch or have pitched. My middle son was hit in the head with a line drive -- he was not seriously injured but it was big-time scary! Jeff pitches in the Big 12....good thing there aren't many hitters in that conference, eh? I wonder if there have been more players die -- or experience serious injury -- by a ball off of a bat or a pitched ball. In either case, those situations are sad AND tragic.
I understand the basis of this lawsuit, I guess. The parents want metal bats to be banished. A lot of people agree, for a number of reasons. But Mike Coolbaugh was hit with a ball off of a wooden bat. And families of those that die as a result of a pitched ball shouldn't expect a warning label on the baseball, should they? No warning labels on football helmets or balance beams or trees.
Athletes accept risk....and we, as parents should understand the risks. I hope this never happens to another pitcher.
Concerning this thread....I didn't get the impression that anyone was making light of the tragedy.
Posts: 5199 | Location: Plano, Texas, USA | Registered: December 28, 2002
As noted, people can get hurt with wood or metal bats. We do not know the details of this specific occurrence to judge the facts. However, juries will differ in perspective all across the country. There is clearly 'assumption of risk' in baseball and great empathy when we see someone hurt. Sometimes juries just want to 'help out' financially in a tragedy. It's not necessarily their indictment of the technology or the game, just an appreciation that a big corporation(or their insurance company)can take a little hit to their pocketbooks. Doesn't make it right, but that is the way it works sometimes.
Posts: 14 | Location: DFW | Registered: August 12, 2009
In a "failure to warn" case ( referred to as a "warning defect case"), the family would have to prove that if a "proper warning" had been on the bat, the player or pitcher in this case would have not played the game or otherwise would have changed his conduct such that the injury would have been avoided. I can't imagine any credible testimony (one that a jury would actually believe) in this case that would convince a jury that a player who has played baseball all his life would not play baseball if the bat had a warning on it or would have otherwise changed his conduct to avoid getting hit by the ball. Morever, there is an "assumption of risk" issue here as well as the legal defense that a product manufacturer does not have to warn about "obvious dangers or risks". this is a tragic and heart - breaking death no doubt, but as a lawyer I can't for the life of me figure out how this case could ever turn out like it did. I am simply baffled by this jury verdict. What is really worrisome to me is the dreaded slippery slope. now, not only are bat manufacturers possibly at risk, but so are the retail stores who sell the bats and the leagues who allow players to use aluminum bats for league play. I, for one, would strongly suggest an appeal. I say this not because i believe the death of the young man was not tragic because it is very tragic, but because this verdict turns the law on its head. A jury cannot simply ignore the law to reach a result the jury wants to "feel good about", no matter how tragic the facts.
Yes, my son pitches. I don't agree with the lawsuit and not looking to get rid of metal bats.
Looks like I misinterpreted some folks previous msgs in the thread. Strike me down...
<blatant personal comment> Travis, my son, made his college debut today for Texas State vs the Longhorns. He faced NCAA World Series hero Connor Rowe as his first batter. A proud moment.
That is the coolest thing EVER!!! Congrats!!! My son plays at JJ Pearce. He made the varsity team as a freshman, and faced Travis at his first at bat as a freshman Varsity player! HaHa!! He left the plate laughing, of course we knew why, Travis struck him out on 3 of his famous 92 mph fast balls!!! Later, our son said, "I never even saw the ball, I just swung hoping I would hit it" HaHa!!!! It was a classic learning moment! BTW: Texas State is a great place!
Posts: 11 | Location: Dallas | Registered: September 29, 2009
I wonder if there have been more players die -- or experience serious injury -- by a ball off of a bat or a pitched ball. In either case, those situations are sad AND tragic. 
