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Little league teenager's family receives $14.5 million to settle metal bat

Jhawk4

Varsity All American
Oct 7, 2001
4,646
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Associated Press

A New Jersey teenager left brain-damaged after being struck by a line drive off a metal bat while he was playing in a youth baseball game will receive $14.5 million to settle his lawsuit against the bat manufacturer, Little League Baseball and a sporting goods chain.
The settlement of Steven Domalewski's lawsuit was announced in state Superior Court on Wednesday morning in Passaic County. The boy, now 18, lives in Wayne, N.J. His family had claimed the metal bat was unsafe because baseballs could carom off it at much faster speeds than wooden bats.
"The Domalewskis are still saddened by the tragic events of June 2006, but this settlement provides them with some relief and comfort that Steven will get the care he needs for the rest of his life," said the family's attorney, Ernest Fronzuto. "He still can't perform any functions of daily life on his own."
Fronzuto said the settlement precluded him from discussing its details, including whether any of the defendants admitted liability.
Domalewski was pitching when the batter rocketed a line drive off the metal bat he was swinging.
The ball slammed into Steven's chest, just above his heart, knocking him backward. He clutched his chest, then made a motion to reach for the ball on the ground to pick it up and throw to first base to get the runner out.
But he never made it that far. The ball had struck his chest at the precise millisecond between heartbeats, sending him into cardiac arrest, according to his doctors. He crumpled to the ground and stopped breathing.
His father, Joseph, a teacher who had been on the sideline with the rest of the team, said he and a third base coach from the other team both ran onto the field, where Steven was already turning blue.
Someone yelled, "Call 911!" Within 90 seconds, a man trained in cardiopulmonary resuscitation who had been playing catch with his 9-year-old daughter jumped over the fence and started to work on Steven.
Paramedics, who were a quarter-mile away doing a CPR demonstration, got to Steven within minutes, placed an oxygen mask over his face and rushed him to a hospital. But the damage had been done; his brain had been without oxygen for 15 to 20 minutes.
"Pretty much, he died," Joseph Domalewski said in a 2008 interview with The Associated Press. "It was just so fast. The thud, you could hear. When it hit him, that seemed to echo."
Domalewski was playing in a Police Athletic League game, but Little League was sued because the group certifies that specific metal bats are approved for ? and safe for ? use in games involving children.
Rick Redman, a spokesman for Hillerich and Bradsby, manufacturers of the Louisville Slugger brand bat, confirmed a settlement had been reached, but declined further comment.
An attorney representing The Sports Authority, the national sporting goods retailer, did not immediately return calls seeking comment, and an attorney who represented Little League Baseball in the case declined to comment.
Little League Baseball also did not immediately reply to messages left at its corporate headquarters.
Little League reached an agreement with the major manufacturers in the early 1990s to limit metal bats' performance to that of the best wooden bats. Little League said in 2008 that injuries to its pitchers fell from 145 a year before the accord was reached to the current level of about 20 to 30 annually.
Little League also said on its website that it has banned most metal bats for younger children for the 2012 season, although certain ones found to meet the organization's testing standards are allowed to be used. League divisions for older players can use metal bats subject to certain weight and size limits.

http://aol.sportingnews.com/mlb/story/2012-08-22/little-league-world-series-2012-steven-domalewski-lawsuit-metal-bat
 
H&B and Little League were sued, not because they deemed this bat safe, but because the family's attorney determined that was where the most money would come from.

Now I'm curious to see how many follow up suits get filed by every kid's parents, ages 8 - college, who have ever been hit by a batted ball. I can see it now on the cable channels. "If you or your loved one have ever suffered injury from a batted ball hit with a metal bat, you need to call the Law offices of Shyster and Shyster. We are your advocate and friend." Just call 1-800-BADBATT.


Be willing to bet that when that same kid went to the plate, he was using the same bats. Whichever bat that Daddy thought would hit the hardest.
 
The problem with announcements like this is they don't give all the facts. Much is left to our imaginations. Personally, I find the result very surprising. And I find it hard to believe that any insurance company or corporation would pay this kind of money without a REALLY good reason. I can't help but wonder what kind of information may have been dug up during the discovery process. Perhaps the bat companies and LL haven't really been telling the whole story when it comes to exit speeds and injuries? Again, I don't know, but there has to be more to this story than meets the eye.

Will this settlement open the floodgates? I seriously doubt it. Most cases like this tend to be highly dependent on the jurisdiction where they are brought. I don't see many of them succeeding in most parts of the country. But again, there is still much we don't know.
 
Cohaze, the last exit speed test results that I am personally aware of were very understated. They were based on high schoolers swinging a bat at 70mph. Very weak for any varsity player. But, that is the same reason for my sarcastic outlook on this subject. There will always be those players in any given age group who can crush with any bat. If you are anywhere on the infield there is the possibility of severe injury. I hate what happened to this kid as much as anyone, but I don't believe for one second that it is the fault of either of the parties that were sued.

Case in point. Several years ago a Georgia kid died from being hit in the chest with a ball that stopped his heart. A thrown ball in the infield. Bad things just sometimes happen.
 
One of the things that I find most interesting is that the league the young man was playing through was NOT sued. He was playing in a PAL game not a LL game. Obviously PALs have no money so the suit was filed against those that do have money. While this is obviously a tragic event and the young man's welfare has to come first, I also think that mom and dad's insurance company in combination with the player insurance of the PAL should cover the expenses and not the folks that were sued. I agree with COHAZE in that I would like to know all of the facts behind this situation. For example, one of the articles I read said that someone at the field started CPR within 60 seconds on the young man. It also mentioned that EMS was only a quarter mile away teaching a class on CPR and responded immediately. With those two things being true, then why would the young man's brain have gone without blood flow and oxygen for 15-20 minutes? There are just too many facts that are not known to the general public to know what to think on this one.

The one thing that none of us want to see is a flood of lawsuits coming from youth sports. Would I like to see metal bats eliminated? YES Will it happen? NO
 
This really chaps me because it appears to completely relieve the parents of all their responsibility in their decision to allow their child to participate in a sport that can be very dangerous at any level, just like any other sports. There is absolutely no evidence that shows that a batted ball coming off a wooden bat can't/won't cause the exact same damage to a human body. would these parents have sued the wooden bat manufacturer as well?
 
You're making an assumption that may or may not be true. Previously reported (and I stress REPORTED) reports regarding bat exit speed may or may not have been accurate. There is no telling what kind of internal reports or testing were unearthed during litigation. I would be amazed if LL had not commissioned multiple studies regarding the safety of metal bats. One unfavorable study, that they failed to release or act upon, could explain this. But again, we simply don't know because it is a sealed settlement. I can tell you this, settlements are almost always sealed at the request of the defendants. This deal bothers me too because of the inherent risks of baseball that we all accept. But, I suspect there is more to it than meets the eye.
Originally posted by magiccityrooster:
....... There is absolutely no evidence that shows that a batted ball coming off a wooden bat can't/won't cause the exact same damage to a human body....
 
COHAZE, again I agree that it would be great to hear all the facts. Where I am totally confused is how LL got sued or was part of the settlement when the child was not involved in LL at all. It sounds like suing Ford when you bought a Chevy. I understand that LL may have commissioned studies on bats, but that does not make them experts. Anyone that has watched much LL baseball knows they certainly are not experts on the game, why would they be experts on bats.
 
Yeah, if the news report is accurate, it's hard to understand how they managed to hold LL in. Of course, another problem with the sealed settlement is you don't know what proportion, if any, each defendant paid. LL (and/or the Sporting Goods company) could have paid a token sum while the bat company paid the bulk of it. Just too many unanswered questions to draw many conclusions.

Originally posted by LeftyTosser:
COHAZE, again I agree that it would be great to hear all the facts. Where I am totally confused is how LL got sued or was part of the settlement when the child was not involved in LL at all. It sounds like suing Ford when you bought a Chevy. I understand that LL may have commissioned studies on bats, but that does not make them experts. Anyone that has watched much LL baseball knows they certainly are not experts on the game, why would they be experts on bats.
 
Actually, I misspoke. I shouldn't have said the ball could cause the exact same damage coming off a wooden bat. I should've said that it has been proven that a ball coming off a wooden bat can kill you. This isn't a comparison. As far as I'm concerned, it's like suing someone for shooting and killing a person with a hollow point bullet but saying if he'd shot him with a regular bullet, it would be ok.

My point is that the parent made the decision to allow the son to play a sport with some understood danger and furthermore, allowed him to play the most dangerous position on the field.
 
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