PDA

View Full Version : Jury Awards $850,000 In Louisville Slugger Case

RACER X
11-02-2009, 01:43 PM
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.

“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.

Copyright 2009 by WLKY.com
pauldun170
11-02-2009, 01:53 PM
“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.

nuff said
azoomm
11-02-2009, 01:55 PM
I'm so absolutely confused about the bullshit lawsuits that get these payouts because they are morons. There seem to be enough people that are angered by this, that HAVE common sense... where are THOSE people??!?!
RACER X
11-02-2009, 01:56 PM
where are THOSE people??!?!

at work.
Apoc
11-02-2009, 02:00 PM
un-fucking-believable.

The family who sued should have been sentenced to death by beating with a louisville slugger.
Bluestreak
11-02-2009, 02:07 PM
“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.



BULL SHIT!

She's doing it for the pay off.


Shit like this makes me mad.
Bluestreak
11-02-2009, 02:11 PM
If I fall out of bed tomorrow morning and break my neck, I'm going to tell my wife to sue Serta.
azoomm
11-02-2009, 02:12 PM
at work.

I'm sorry, I don't follow....
shmike
11-02-2009, 02:17 PM
I'm so absolutely confused about the bullshit lawsuits that get these payouts because they are morons. There seem to be enough people that are angered by this, that HAVE common sense... where are THOSE people??!?!

At work.

There is a reason for the phrase:

"Going to court is taking your chances with 12 people not smart enough to get out of jury duty."
azoomm
11-02-2009, 02:21 PM
At work.

There is a reason for the phrase:

"Going to court is taking your chances with 12 people not smart enough to get out of jury duty."

Thanks.

I'm kind of relieved that I don't speak "Ed" :lol:
shmike
11-02-2009, 02:24 PM
Thanks.

I'm kind of relieved that I don't speak "Ed" :lol:

I'm kind of disappointed to find out that I do. :(
karl_1052
11-02-2009, 02:33 PM
Wow, it is when I read stories like this that make me wonder how any of you live down there.
Is there a maximum IQ level allowed in your country? Is it in the double digits?

You guys should have a massive bonfire using only lawyers as fuel.
Avatard
11-02-2009, 02:46 PM
Exactly what are the speed differences between wood and aluminum? I'd like to see radar data. I understand that wood flexes easily, and that aluminum less so...but I am curious as to the actual measurable speed differences.

We didn't hear the case presented. Depending on the data, they may have a point (if not a case).

FTR: I don't agree with the verdict, and warning labels in general.
shmike
11-02-2009, 02:47 PM
Exactly what are the speed differences between wood and aluminum? I'd like to see radar data. I understand that wood flexes easily, and that aluminum less so...but I am curious as to the actual measurable speed differences.

I'd be curious too.

Maybe they should sue the maker of wood?
HokieDNA01
11-02-2009, 02:50 PM
Oh I bet the new carbonfiber composite bat I just bought is REALLY dangerous. That thing hits like a champ!!
Avatard
11-02-2009, 02:50 PM
I'm curious as to the legal argument they used. I can see arguing that there was a reasonable expectation that the performance of a similar product would be similar, if the data is wildly different.

Just how much of a product performance difference are we talking here?
HokieDNA01
11-02-2009, 02:51 PM
why didn't they sue the batter for aiming at the pitcher??
karl_1052
11-02-2009, 02:54 PM
why didn't they sue the batter for aiming at the pitcher??

Because the pitcher does not have $850,000
goof2
11-02-2009, 03:27 PM
Exactly what are the speed differences between wood and aluminum? I'd like to see radar data. I understand that wood flexes easily, and that aluminum less so...but I am curious as to the actual measurable speed differences.

We didn't hear the case presented. Depending on the data, they may have a point (if not a case).

FTR: I don't agree with the verdict, and warning labels in general.

There have been a number of news stories about the difference. It isn't massive, but there is a difference. The stories have driven due to some pretty bad injuries in college baseball.

I would guess this family sued based on the expectation that a bat is supposed to be a bat. An aluminum bat generates more ball speed than a wooden one. The bat performs outside the reasonable expectations of the user. This creates a duty on the part of the manufacturer to warn users of the additional risk associated with their product.

It is still ridiculous though.
buzzcutt2
11-02-2009, 04:02 PM
What a bunch of idiots!!! It is clearly the baseball that did the damage. I feel like I'm taking crazy pills. Sue the ball manufacturer.
z06boy
11-02-2009, 04:24 PM
This is such BS I don't even know what to say except...


What do you have when you have 10,000 lawyers at the bottom of the ocean ?



A good start.
Smittie61984
11-02-2009, 08:00 PM
The family who sued should have been sentenced to death by beating with a louisville slugger.

But make sure it's an aluminum. If it's made of wood it won't hurt you.

I think a good start would be a "Loser Pays" system. As in if you sue someone and loose then you pay the defendents lawyer fees and more.
Avatard
11-02-2009, 08:09 PM
Loser pays legal costs would fix everything.
OneSickPsycho
11-02-2009, 08:14 PM
God damnit. Fuck these retards.
pdog
11-02-2009, 09:14 PM
Judges often lead a jury to believe that they have to rule one way or another on a case if a certain set of facts are established. It's too bad more people don't know about Jury Nullification:

http://en.wikipedia.org/wiki/Jury_nullification
Sean
11-02-2009, 09:43 PM
Many jury verdicts in cases like this are decided on whether or not the defendant can afford the payment rather than any culpability in the case.

The standard for guilt in a civil suit is much lower than in a criminal suit -- "responsible" rather than "beyond a reasonable doubt"
Smittie61984
11-02-2009, 09:44 PM
Judges often lead a jury to believe that they have to rule one way or another on a case if a certain set of facts are established. It's too bad more people don't know about Jury Nullification:

http://en.wikipedia.org/wiki/Jury_nullification

I think the main problem is the most people learn about law is from Law & Order, Legally Blonde, and My Cousin Vinny. A few may learn some from 12 Angry Men.
goof2
11-02-2009, 11:24 PM
But make sure it's an aluminum. If it's made of wood it won't hurt you.

I think a good start would be a "Loser Pays" system. As in if you sue someone and loose then you pay the defendents lawyer fees and more.

[QUOTE=Avatard;286503]Loser pays legal costs would fix everything.QUOTE]

It may help, but far too many people are winning the "idiot lottery" for this to go away. Keep in mind most of the plaintiff's attorneys in cases like this are working on contingency. If they loose the lawyer get paid nothing. Theoretically this should prevent many frivolous lawsuits. In practice it doesn't seem to work very well.
tommymac
11-03-2009, 05:49 AM
Because the pitcher does not have $850,000

And the batter is dead, if the family did this for brandon they should donate the money to some worthy cause instead of their own pockets.

Tom
karl_1052
11-03-2009, 06:04 AM
And the batter is dead, if the family did this for brandon they should donate the money to some worthy cause instead of their own pockets.

Tom

No, the batter hit the pitcher with the ball(poorly written article, surprise.)
tommymac
11-03-2009, 06:08 AM
No, the batter hit the pitcher with the ball(poorly written article, surprise.)

And poor reading comprehension on my part. Maybe I can sue the elmont school system for that.

Tom
Papa_Complex
11-03-2009, 07:49 AM
This just in: Little League coaches across the country have resigned out of fear of litigation, making X-Box the new "America's Passtime."
wildchild
11-03-2009, 08:37 AM
BULL SHIT!

She's doing it for the pay off.


Shit like this makes me mad.

i was going to say the same thing. if it's for the kid then set up a Brandon scholarship so his death can help others go to baseball camp or college or something. No they'll just use the money to make the loss less hurtful.
wildchild
11-03-2009, 08:39 AM
I'd be curious too.

Maybe they should sue the maker of wood?


what? every woman in the world? don't think they'll win that one.
Rider
11-03-2009, 08:39 AM
Someone needs to use a wooden Louisville Slugger and bash her fucking head in to see if the wooden bat is safer. I have one too, MLB game used from the Dodgers.
karl_1052
11-03-2009, 09:11 AM
i was going to say the same thing. if it's for the kid then set up a Brandon scholarship so his death can help others go to baseball camp or college or something. No they'll just use the money to make the loss less hurtful.

And nothing says less hurtful than a new ZR1 to park in front of the trailer.
wildchild
11-03-2009, 01:00 PM
And nothing says less hurtful than a new ZR1 to park in front of the trailer.

aint it funny how that seems to work? I'm sure they'll put

"in loving memory of Brandon" on the back window though.
Avatard
11-03-2009, 01:11 PM
This just in: Little League coaches across the country have resigned out of fear of litigation, making X-Box the new "America's Passtime."

You mean until the project Natal interface gets everyone swinging their arms and legs into each other, and the lawsuits pile up there too.
Homeslice
11-03-2009, 03:23 PM
$750,000 in lost wages? Whose wages, the kid who died, or his parents? If it's his parents, are they trying to say they couldn't work since 2003 for emotional reasons? What a crock.
Papa_Complex
11-03-2009, 03:23 PM
$750,000 in lost wages? Whose wages, the kid who died, or his parents? If it's his parents, are they trying to say they couldn't work since 2003 for emotional reasons? What a crock.

For the kid's first year in the Majors, when they were going to steal every cent that he made.