Are you Freaking Kidding me?

http//sports.espn.go.com/sports/news/story?id=3402942

Umm if you don't want to get hurt, don't play.

The kid's parents should be ashamed.

"His heart stopped beating and his brain was deprived of oxygen for 15 to 20 minutes, according to his doctors."

Poor kid but everyone is out to get money money money

Yeah it sucks but I don't understand how they can blame the manufacturer of the bat, Little League, and Sports Authority.


Ridic.

If they sue anyone, it should be the kid who hit him in the chest. This shit pisses me off to no end, suing because the BAT that was used in a normal game happened to hit the kid in the chest? Yeah, that sucks, sorry kid. 50 years ago (as my grandparents have told me), it would have been 'well, you're a dumbass.' Now, it's 'who can we sue?'

Yeah I agree, but for a lawyer in cases like this the first rule of thumb is sue everyone you can. Generally you go after the manufacturer and all possible parties. That's beauty of our shitty justice system. Tyler has a point, I can't see why they didn't sue that kid based on how they went after just about everyone unnecessarily. Anyone remember the McDonald's Coffee lawsuit or the Wendy's one?

[quote06452f09c7="Powerbook"]Yeah I agree, but for a lawyer in cases like this the first rule of thumb is sue everyone you can. Generally you go after the manufacturer and all possible parties. That's beauty of our shitty justice system. Tyler has a point, I can't see why they didn't sue that kid based on how they went after just about everyone unnecessarily. Anyone remember the McDonald's Coffee lawsuit or the Wendy's one?[/quote06452f09c7]

yeah i remember the mcdonalds one.

Hey, in her defense, she didn't realize coffee was hot!

[quotebcf317d0c1="tylerc"]Hey, in her defense, she didn't realize coffee was hot![/quotebcf317d0c1]

lol lol


In all fairness.... I can't really say if I had the opportunity to sue that I wouldn't take it... me bes poor yo.

Argh it pisses me off when people win cases such as this, and I want to go to law school Hah!

i bet they don't win. They are definitely wasting their money.


I don't see how they can win.

As far as this bat case, it does seem stupid on its face. I don't see the opportunity for the factors involved in something like the McD's case. It's akin to suing a gun manufacturer or an automobile manufacturer after someone used one to kill somebody.

Most of you (based on your comments) must not know the facts behind the McD's coffee case. There was a helluva lot more to it than the urban legends popular on the 'net. I too (like the jurors) initially thought it was frivolous, until (like the jurors) I was aware of the facts of the case. Afterwards I supported the jurors' verdict that McD's was liable.

Some highlights
[listec266945e1][liec266945e1]The coffee wasn't just hot, it was near BOILING. The restaurant had been cited by the health dept. already -- multiple times as I recall -- for keeping their coffee too hot.
[liec266945e1]At trial, documentation was produced of [bec266945e1]over 700[/bec266945e1] lawsuits from coffee scalding injuries at McD's, some were 3rd degree burns comparable to those suffered by this lady. They paid upwards of $500K in settlements on some of those cases, so they were aware of the risk. Had they kept their coffee at a temp of 150-160F, it would have taken exponentially more time to burn through all of her skin.
[liec266945e1]It's not mentioned at the above link, but my wife managed a couple of different McD's for several years in the 90's. The coffee was so hot, the staff used gloves to prepare the coffee, to keep from burning lithemselvesli through the cup. Of course they then handed the cups to customers who were NOT wearing gloves.
[liec266945e1]The lady spent 8 days in the hospital undergoing skin grafts. Get this she only asked McD's for [bec266945e1]$20,000[/bec266945e1] to cover her medical expenses. $20K for that type of treatment sounds very reasonable, actually quite low in today's numbers. Despite numerous prior lawsuits over coffee burns where settlements reached hundreds of thousands of dollars, McD's refused in this case, offering only a token $800. That's when some friends suggested a lawyer who had tried hot coffee cases against McD's before. BTW the $2.7M in punitive damages she was initially awarded was merely 2 days worth of coffee sales for McD's, and it was reduced by the judge to ~$600K, 3x the ~$200K compensatory damages. [/listuec266945e1]
Given all that, it would appear to me that McD's was clearly liable. Perhaps not to the tune of nearly $3M, but substantially more than they were willing to pay (and the woman asked for). The case was appealed by both parties but eventually was settled out of court for a confidential amount, believed to be under $600K. The poor old lady took 2 years to recover, and suffered a pretty unfair judgment by the media & public over the whole thing.

http//reclaimdemocracy.org/articles_2005/mcdonalds_coffee_frivoulous.php
http//www.lectlaw.com/files/cur78.htm

hmm, ok I can see why they won. that's some hot coffee!! haha

haha rite i see why 2!!

hahaha ur cute, i can see why. but srsly i don't like my coffee 120 degrees

Wow - all of that info was never disclosed to the public before. At least I was not aware of it. I understand now why she would ask for medical and for McD's to offer $800 was an insult. Good for her.

That's completely ridiculous. I don't understand how someone can do that just to play the blame game.

[quote0d4bf80eee="sandra habina"]Wow - all of that info was never disclosed to the public before. At least I was not aware of it. I understand now why she would ask for medical and for McD's to offer $800 was an insult. Good for her.[/quote0d4bf80eee]
The information was always available if you looked for it, but all the media ever reported at the time was how somebody burned themselves with coffee and hit the litigation lottery. The story caught like wildfire on the 'net and went from there. For years I believed it too, until someone suggested I look up the details and decide for myself rather than believing the hype.

There are actually still fervent litigation reformists (mostly neo-cons who blame our litigious society on the left) who will trot this case out as their poster child and attempt to refute or rebut the facts as presented. It doesn't wash with me, though -- the facts in this case speak for themselves IMO, and political leanings have nothing to do with it.

There is a helluva lot of frivolous litigation happening in this country, no doubt, and I think this bat lawsuit is a shining example. It's just unfortunate the the coffee case is always the one people think of as an example, when it really wasn't frivolous at all.

sweet, my baseball thread turned into a coffee thread...


jk.

Dmorris, what is your opinion on the baseball bat?

[quote6cfaf6fd41="dmorris68"]As far as this bat case, it does seem stupid on its face. I don't see the opportunity for the factors involved in something like the McD's case. It's akin to suing a gun manufacturer or an automobile manufacturer after someone used one to kill somebody.[/quote6cfaf6fd41]
[quote6cfaf6fd41="dmorris68"]There is a helluva lot of frivolous litigation happening in this country, no doubt, and I think this bat lawsuit is a shining example. It's just unfortunate the the coffee case is always the one people think of as an example, when it really wasn't frivolous at all.[/quote6cfaf6fd41]

Reading is Fundamental, zr. ;)

That said, we must remember that we're once again relying on the media for the story. However I just can't imagine any undisclosed parameters that would make the defendants liable in any way. A baseball bat, as is a baseball traveling at any sort of speed, is a potentially dangerous object -- and everybody with any sense knows that. There's a presumption of risk that's hard to deny. Now if the bat had failed (come apart) and a piece struck someone, I could perhaps see a liability claim, but in this case the bat and ball performed exactly as a reasonable person would expect them to.

See i didnt feel like you put any effort into your first responses.

)

disregard this.

[quotea4603e7030="TravMan162"]maybe instead of teaching the kid to sue people they should teach him how to catch a ball with his glove instead of his chest.[/quotea4603e7030]

ummmm... the kid is dead, I doubt they are teaching him much shrug

the kid died?

oh man, i'm deleting that post. that's in poor taste.

[quoteb40499fea9="tjwor"][quoteb40499fea9="TravMan162"]maybe instead of teaching the kid to sue people they should teach him how to catch a ball with his glove instead of his chest.[/quoteb40499fea9]

ummmm... the kid is dead, I doubt they are teaching him much shrug[/quoteb40499fea9]

who said that he is dead?

Media Always reports the negative, I get my news from South Park it is just as good as real news. - They take every hot topic and exaggerate even more then the news does. I Laugh every time.

Suing will never end! I can't believe some of the stories out there. Fake or not this is my favorite!

http//www.breakthechain.org/exclusives/cigars.html

I still feel bad for the kid!

I should have sued Mcdonalds. Someone left the cheese wrapper on the chicken sandwich I bit into. I also bit into a rare double quater pounder as well. Blood was coming out once I bit it. Damm... I should have called a lawyer. I was 18yrs old then. Didn't know any better. Sonic gave me a uncooked chicken sandwich before as well when I was pregnant with my daughter. My dumb ass gave them the sandwich back. They gave me my money back and another sandwich.

This seems odd~
"Although he was not playing in a Little League game, Little League is being sued because they gave their seal of approval to the bat, certifying it as safe for use by children, Fronzuto said."

Welcome to America.

[quote457e5bbdfa="Quadracer89"]Welcome to the north american union.[/quote457e5bbdfa]

fixed

I guess it's my age, but the original story has evolved into the kid dying or is he brain dead, and DMORRIS 2 cents worth didn't add jack shit to the conversation except to totally change the direction.
Back to the kid and the totally ridiculous law suit by his redneck parents.
I feel very bad for the kid, but he in NO WAY, can be responsible for the ignorance of his parents. They may find that they signed an waiver that the league nor anyone else is in no way responsible for injury.
And finally, does anyone really know what the situation is with the young man's health. Screw the lawsuit!

My son was hit in the groin by a line drive in T-ball. My reaction was, it was the hardest hit ball I've ever seen. Not to go sue the manufacturer of the T, The Bat, The baseball, Lil league/sponsors of the team, etc, etc, etc.

Barry

[quote7e48330dc5="C Barry Smith"]I guess it's my age, but the original story has evolved into the kid dying or is he brain dead, and DMORRIS 2 cents worth didn't add jack shit to the conversation except to totally change the direction.
Back to the kid and the totally ridiculous law suit by his redneck parents.
I feel very bad for the kid, but he in NO WAY, can be responsible for the ignorance of his parents. They may find that they signed an waiver that the league nor anyone else is in no way responsible for injury.
And finally, does anyone really know what the situation is with the young man's health. Screw the lawsuit!

My son was hit in the groin by a line drive in T-ball. My reaction was, it was the hardest hit ball I've ever seen. Not to go sue the manufacturer of the T, The Bat, The baseball, Lil league/sponsors of the team, etc, etc, etc.

Barry[/quote7e48330dc5]

No it didnt change the direction.

Read a up a little. Dmorris's opinion is the most respected here.