O/T: H&B liable for player's death

[nomo121]

Re: O/T: H&B liable for player's death

I am with you. The fact the family sued H&B for this is Bull$**t! I feel no sympathy for them now. It doesn't make sense to sue the bat company. They should sue the league for allowing that type of bat to be used. And if H&B is sued, the child who swung the bat should be tried for manslaughter as it was not premeditated so it couldn't be murder.

This should be appealed. Money grubbing people get no mercy.

Maybe they don't get mercy, but unfortunately they get 800k. I hate to see this happen to a company like HB. I've always loved the LS. In college I loved the Omaha Gold. Still have one. Now that college is past me, still love to swing a LS. Got some maple ones from the Tx Rangers this year.

As I said, the world is full of idiots. Ruger has to put, this weapon may be dangerous, on the side of their guns. Just disappointing. Hopefully HB will be able to appeal, but its a communist world.

[brianborsch]

Re: O/T: H&B liable for player's death

It really is too bad the world is the way it is. I also LOVE HB. They have so much history and their bats got class. I hope they can recover from this financial setback.
Rather than say this to the family, I am saying it to LVS: "I am sorry for your loss in this matter." I really hope there is a way fro this wrong to be righted.

[xpress34]

Re: O/T: H&B liable for player's death

Wow. Simply unbelievable. I have to agree with the others who have stated, "Why not sue the ball manufacturer? Or the batter who HIT the ball?"

While I am NOT a lawyer, I did take some law classes while in College and if the parent's are going to sue the Bat Manufacturer for not 'warning them' of the 'inherent dangers', there should be PLENTY of other suits under TORT law. The pitcher himself could be blamed under TORT law which only requires proof that you 'committed the act' the act that caused the injury - not that you intended to cause injury. Therefore, by throwing the pitch he chose, he didn't intend for the batter to hit a liner back to the mound, but it happened. Then the same law could be used against the batter who didn't intend to hit the pitcher, but by the shear act of batting the ball could now be held liable... YES, I know it's a stretch - but no more so than suing the bat maker!!!

I think in the comments that BMH talked about that were posted in response to the story, there are definately some things that LVS should be able to use to appeal:

"for failure to place warnings on the product"

So if i took a baseball bat and hit some1 in the face with it.....clearly i am not at fault seeing as there are no warnings on the bat......that is a good defense!

The judge is setting a precedent in this case, and the above statement isn't a far stretch for some defendant to use - and WIN - a case after beating someone to death. it wasn't HIS fault - it must have been the bat.

Now, all that being said, it's absolutely horrible and tragic that something like this happened to that boy and his family.............but, I'm guessing that the reason the family is not suing the American Legion league is that they signed a "waiver" exempting them from liability...............but they want to sue the bat manufacturer?

I would have to imagine (and again, not a far stretch) that the League distanced themselves from this case (or at least their lawyer did) because of the 'waiver' and I wouldn't be surprised if the league's lawyer didn't at least give the family the idea to pursue LVS

Hello to all I was one of those 12 jurors. It would of took only 8 out of 12 jurors to render a verdict. As for my vote it was NO across the board. The proof wasn't there to say yes to any of the accounts. I read and reread and slept on this and still needed more proof to vote for the Patch family. To me this was a fluke accident and they will happen in sports. The foreperson wanted everyone to compromise and vote yes so the Patch's could be given a award. They just made money off the tragic death of their son. I hope they sleep well at night knowing this. Was it once mentioned which was in the medical reports that Brandon had High Blood Pressure, that he was on Medication for it. That he came almost 1,500ft above sea level to Helena from Mile City, that it was in the 5th ending. All this could of had a factor in his reaction time. I hope H & B appeals this and I hope they win. What next Patch's the ball company how about the kid who swung the bat for murder. To all don't rank me with the 9 jurors who voted yes and remember 2 other jurors voted no also.

WOW!!! Do you think any of this was disclosed in court??? If it's true, then the parents should be held liable for 'child endangerment' for even allowing their son to play ball at all - 1,500 ft above sea level or not!

Brian (BMH) - I'm so sorry that your family's company is having to go through all of this and wish you and yours the best of luck as you move forward through appeals - I'm guessing that is coming.

As far as the Patch family - I do feel for you for your loss. I have a 16 year old son who I adore, but - do you really feel good about looking for a 'villain' in your son's tragic and accidental death?

And one more piece of info - Brandon patch was 18 at the time of his death - this isn't LITTLE LEAGUE Ball - this was AMERICAN LEGION Ball... at 18, he could have been playing college ball or even been developing in the pro leagues already... if this had happened there, would you have sued the college or the team???

It had been made out like he was a young child... here is a picture of the current team:



And there Roster and size stats:

Name Height Weight Class Shawn Elliott 6'0" 200 2008 Chance Kale 5'7" 230 2009 Jordan Bryant 6'0" 190 2009 Logan Klanke 5'7" 160 2009 Michael Poppert 6'0" 165 2009 Kyle Gudmunson 6'1" 185 2009 Kasey Tharp 5'9" 165 2009 Han Chiang Chang 5'11" 160 2009 Tate Wickham 6'1" 160 2010 Garrett Askin 6'1" 190 2010 Bobby Jackson 5'7" 165 2010 Conner Brown 5'11" 170 2010 Tyler Harris 6'0" 175 2011 Jonah Bergman 5'10" 185 2011
These kids are all 5'7" and up and between 165 and 230 lbs!!! Some of them are bigger than college and pro players!!!

BTW - The Mavericks have been playing as a team since 1929!!! There's some history for you BMH... I'm sure that in all of that time - 80 years - that NO ONE in Miles City has ever realized that there was an inherent danger in playing baseball!!!

Per the MCYBA web page:


It is the Mission of the Miles City Youth Baseball Association to provide recreation for children 5 to 19 years of age, foster good sportsmanship, and the necessity for team unity while developing the skills specific to the game of baseball.
Competitive levels shall increase by age and league to assure all children have the ability to develop the necessary skills to participate at the highest level attainable

I'm sure the Patch's had no interest in their son developing his skills to reach the 'highest level attainable'... which is why he was unprepared when this event happened. It was clearly the bat's fault...

Sorry for the rant, but this case just turns my stomach.

- Chris

[Fnazxc0114]

Re: O/T: H&B liable for player's death

anybody ever wonder why tort reform is such a great idea?

[sox83cubs84]

Re: O/T: H&B liable for player's death

anybody ever wonder why tort reform is such a great idea?

It WOULD be great...but we're unlikely to see it anytime soon. The party in power in the White House and Congress considers trial lawyers among their biggest supporters...they're not gonna bite one of the hands that feeds them.

Dave M.
Chicago area

[xpress34]

Re: O/T: H&B liable for player's death

It WOULD be great...but we're unlikely to see it anytime soon. The party in power in the White House and Congress considers trial lawyers among their biggest supporters...they're not gonna bite one of the hands that feeds them.

Dave M.
Chicago area

Dave -

I don't like to get into political debates on Sports Forums, but since you opened the can of worms...

If it is so great, then why didn't the FORMER party in power (who you obviously support) get it done? They had ALL of the control then...

I'm tired of listening to all the conservative whiners who immediately started attacking the current regime as soon as they took office. It hasn't even been a year and the FORMER regime didn't do this country any favors over the past 8 years...

My .02

Now, can we PLEASE return to the point in question???

- Chris

[cohibasmoker]

Re: O/T: H&B liable for player's death

Dave -

I don't like to get into political debates on Sports Forums, but since you opened the can of worms...

If it is so great, then why didn't the FORMER party in power (who you obviously support) get it done? They had ALL of the control then...

I'm tired of listening to all the conservative whiners who immediately started attacking the current regime as soon as they took office. It hasn't even been a year and the FORMER regime didn't do this country any favors over the past 8 years...

My .02

Now, can we PLEASE return to the point in question???

- Chris

Chris - I'm with you on let's keep politics out of the forum but I have to say that

1) When Bush was the President, the Democrats CONTROLLED Congress and,
2) The current Administration ran on the "CHANGE" ticket. The way I see it, where's the Change? To me, its pretty much like the same old, same old.

Now, back on topic - I think Dave is right - it all comes down to lawyers and tort reform.

Jim

[camarokids]

Re: O/T: H&B liable for player's death

Chris - I'm with you on let's keep politics out of the forum but I have to say that

1) When Bush was the President, the Democrats CONTROLLED Congress and,
2) The current Administration ran on the "CHANGE" ticket. The way I see it, where's the Change? To me, its pretty much like the same old, same old.

Now, back on topic - I think Dave is right - it all comes down to lawyers and tort reform.

Jim

I do believe the Democrats only held a majority of Congress after the 2006 elections. The six years prior Richard "DICK" Cheney would fly in to cast his vote whenever the Republicans needed him to do so for a majority.

Please republicans if your going to spew your sh*t get your freaking facts straight. Bush and Company had things their way for six of the eight years they were in power.

The same old, same old you reference is the crap we had to live with while Bush and Co. were in power. So please don't try and place the blame on the current clown that is in power. All politicians come from the same freaking circus...... It is all a shame.....

One thing I would to add, when Clinton was done the USA was in great shape. After Bush was done, you cannot say the same.

[sox83cubs84]

Re: O/T: H&B liable for player's death

Ok...halftime show is over...back to the H&B bat issue.

I'm with most of you who have posted...saddened by the death of a young man doing what he enjoyed most, but incensed at the parents trying to make H&B the scapegoat. Another concern...if the judgement is against H&B and stands, it's only a matter of time that some other setllement-chasers do the same thing to Rawlings...X-Bat...Maxbat...Hoosier...Marucci...etc. H&B is big enough to withstand such an assault, but some of the smaller manufacturers could well be driven out of business if targeted with a simialr suit based on a similar situation. Aluminum and/or wood, this could be a Pandora's Box that, once opened, may never be shut.

Dave M.
Chicago area

[cohibasmoker]

Re: O/T: H&B liable for player's death

I do believe the Democrats only held a majority of Congress after the 2006 elections. The six years prior Richard "DICK" Cheney would fly in to cast his vote whenever the Republicans needed him to do so for a majority.

Please republicans if your going to spew your sh*t get your freaking facts straight. Bush and Company had things their way for six of the eight years they were in power.

The same old, same old you reference is the crap we had to live with while Bush and Co. were in power. So please don't try and place the blame on the current clown that is in power. All politicians come from the same freaking circus...... It is all a shame.....

One thing I would to add, when Clinton was done the USA was in great shape. After Bush was done, you cannot say the same.

Facts? Here are some facts

http://news.yahoo.com/s/ap/us_health_care_public_plan

Jim

[treant985]

Re: O/T: H&B liable for player's death

The real question is: if H&B appealed, what would their argument be? Appellate courts decide questions of law...they don't retry the facts of the case just because the jury gave a dumb result.

Even so, there does seem to be a pretty strong question about causation here, perhaps so much that it could rise to the level where the jury got it so wrong that appellate judges could overturn it if they really wanted to. Since judges (maybe not as much these days) tend to be old men, who tend to be baseball fans, perhaps H&B would get more traction on appeal than a typical corporation would.

After all, if the bat came with red warning labels all over it, I doubt it would change the way the game is played or which bats are used. It's not likely that the players relied on a LACK of a warning when they decided to use these bats.

The jury had to conclude that, if the label had been there, the accident most-likely would not have happened. It would be interested on appeal...

[camarokids]

Re: O/T: H&B liable for player's death

Facts? Here are some facts

http://news.yahoo.com/s/ap/us_health_care_public_plan

Jim

Those facts only covers the current clown and circus in power.....

The health plan crap they are trying to pass is not the answer....

But, our health system needs a fixing!

[frikativ54]

Re: O/T: H&B liable for player's death

Those facts only covers the current clown and circus in power.....

The health plan crap they are trying to pass is not the answer....

But, our health system needs a fixing!

What fix would you like, complete privatization?

Back to the topic at hand, am I the only one here who thinks that H & B should pay damages? Baseball bats are dangerous, especially in the hands of strong young men. Why not hold the manufacturer responsible for a commodity that kills?

[frikativ54]

Re: O/T: H&B liable for player's death

Hopefully HB will be able to appeal, but its a communist world.

What century are you in?

[brianborsch]

Re: O/T: H&B liable for player's death

Ummm NO.

Why not just get rid of the game of baseball all together? Brilliant Idea Les. Or better yet, lets make mlb and ALL baseball levels change to wiffle balls and wiffle ball bats. You certainly can't get hurt that way.

The fact of the matter is, the kid was practically an adult in an adult league. Everyone knows the risk. You'd have to, otherwise you are a complete IDIOT. The kids parents are a bunch of idiots. I feel 0% for them, because of the way they are handling this case. A bunch of money grubbing idiots. It may sound harsh, but thank God their child passed. One less of their genes out there to create these situations.

Like others have said before, accidents happen. And if H&B is held liable in this case, then the batter should also be charged for manslaughter, and the league should be charged for negligence (regardless of what waivers anyone has signed). If H&B made their bats according to the rules and guidelines they were allowed to do, then they should not be charged. PERIOD!