When is enough, enough?

[xfirefighter484x 234]

Steven Domalewski, center, tries to high five with his father Joseph at their home in Wayne, N.J., Wednesday, May 14, 2008. Domalewski is severely disabled, left with brain damage after being struck in the chest by a line drive that stopped his heart while he was playing in a youth baseball game. His family plans to file a lawsuit Monday against the maker of the metal bat that was used in the game, against Little League Baseball, and a sporting goods chain that sold the bat.

(AP Photo/Mike Derer)

http://news.yahoo.com/nphotos/Most-Recomme...8xfSRziBzJsaMYA

Come on now. Suing a manufacturer of a bat and the people who sold the bat?!?!?!?!

For goodness sakes!!! This country is less and less appealing to live in, with people suing other people over the most ridiculous things!!!

[DOC22 1]

http://news.yahoo.com/nphotos/Most-Recomme...8xfSRziBzJsaMYA

Come on now. Suing a manufacturer of a bat and the people who sold the bat?!?!?!?!

For goodness sakes!!! This country is less and less appealing to live in, with people suing other people over the most ridiculous things!!!

Unfortunatly, Nate, when something like his happens, EVEYBODY gets name in the suit, and then the lawyers fight it out. Most likely, most of those named will be exonerated without any problem, and IF ANYBODY is found liable, so be it.

[Danger 160]

Maybe he should sue his father for signing him up. Or Bic for manufacturing the pen he signed the injury waiver with. Or maybe he should realize that as sad as his case is, tragedies happen. I guess as a Little League coach I should retain an attorney just in case.

[xfirefighter484x 234]

Or maybe he should realize that as sad as his case is, tragedies happen.

Now ya see, its people like you who have some common sense and speak it, who give me hope in this world, lol!!!

I mean, honestly, as silly as this may sound, wouldn't it make more sense to sue the kid who hit the ball?? I mean, to me that would make more sense, but not saying it makes a LOT of sense.

[Goose 188]

For goodness sakes!!! This country is less and less appealing to live in, with people suing other people over the most ridiculous things!!!

So leave.

[DOC22 1]

Now ya see, its people like you who have some common sense and speak it, who give me hope in this world, lol!!!

I mean, honestly, as silly as this may sound, wouldn't it make more sense to sue the kid who hit the ball?? I mean, to me that would make more sense, but not saying it makes a LOT of sense.

Don't think for a minute that his family won't be named. Like I said EVRYBODY gets named but the lawyers fight it out and the judge will throw most of them out right off.

[Guest feraldan]

So leave.

That was a little bit uncalled for, wasn't it?

The guy has a right to express his opinion without being told to leave the country.

[RichC 0]

Quick question for anybody out there who coaches Little League but who remembers playing as a kid when all the bats were wood, Does the ball come off the modern metal bat too fast? Or at least too fast for this age group? I am not passing judgement on the merits of the lawsuit but this is not the first we have heard that there might be a problem here.

[nycemt728 49]

Tragic, yes. But the point is by the time we're done with all the law suits, it will be too costly to step outside ones own door, let alone do anything close to fun...

[Guest alsfirefighter]

The guy has a right to express his opinion without being told to leave the country.

Just the same right as the guy who has the right to say "so leave." I was kind of wonder if this country is becoming so less "appealing" to live in..what country is?

On a second note if some would look at the big picture, the family was probably assisted and "counseled" to bring the lawsuits to fruition by the lobbying group who has been working for years to have metal bats banned from little league to college. Research has shown that the ball does come off metal bats faster and you can generate more bat velocity with a metal bat and I also believe there were studies shown that more kids get injured by balls off metal bats then wood.

Lawsuits are a fact of life and remember the same right those parents may or may not be exercises on their own, or being "guided" by a lobbying group for a greater effort is the same right that you may just have to exercise one day as well.

[DR104 141]

Quick question for anybody out there who coaches Little League but who remembers playing as a kid when all the bats were wood, Does the ball come off the modern metal bat too fast? Or at least too fast for this age group? I am not passing judgement on the merits of the lawsuit but this is not the first we have heard that there might be a problem here.

Yes!!! When a ball is hit with metal bats the bat will compress in at the spot where the ball hits the bat, then the bat or the spot will spring outward and add force to the ball. I know in some states they have passed laws that Little League can only use wood bats. I think NJ is one. Not sure.

[Medic137 6]

Given the costs involved with caring for this child, who could easily live another 70 years, his parents are trying anything they can think of to ensure his well being after they are gone.

Whether anyone will be found negligent is questionable.

[mfc2257 464]

When I was in 8th grade, I was hit in the left temple with a line drive from a metal bat. The starting infield for the New Castle All Star Team had just finished taking hits from our coach and I was playing third base in preparation for a game against Bedford-Pound Ridge. He was going to hit to the outfield while the non starters came on to replace us in the infield to take some practice. As I walked to our bench on the third base line, my coach was going to hit a fly to the left fielder but it came off the bat wrong and ended up being a line drive into my head. I was out for several minutes with a severe concussion. I couldn't hold down solid food for a week, and had a whopper of a headache for about the same period of time.

My parents never for a moment thought about suing the league, the coach, etc. In fact the coach called the next night to see how I was after being released from the hospital, and they never even questioned him about it. It was an accident and they were grateful for his call to check on me.

These lawsuits cost the taxpayer millions each year. A judge has to be paid to preside over the trial, people are taken away from their families and jobs to sit on jury duty, the courthouse expense to heat, cool, light, and maintain the facility is incurred...... It's just crazy.

The system that our forefathers set in place to protect us has now turned into one of the most easily abused branches of government.

Absurd!

[Stepjam 118]

Given the costs involved with caring for this child, who could easily live another 70 years, his parents are trying anything they can think of to ensure his well being after they are gone. Whether anyone will be found negligent is questionable.

I agree. On the surface it seems frivolous, but this boy will require specialized care for the rest of his life. His parents probably want the best available, and I don't blame them. They probably can't afford to give him that care, so what alternatives do they have? I think it's likely that there will be some sort of settlement, but it will be paltry compared to the actual need. It's a tragic, sad story with no happy ending.

[INIT915 1,119]

Given the costs involved with caring for this child, who could easily live another 70 years, his parents are trying anything they can think of to ensure his well being after they are gone.

Whether anyone will be found negligent is questionable.

The situation may be sad, but not a justification for lawsuits. The only one's who profit are the attorneys. Sometimes accidents happen, and they're isn't always someone to necessarily blame.

[nycemt728 49]

Lawyers started all of this and they can end it all too...stop soliciting this kind of business and don't entertain it when it is brought to you!!

[mfc2257 464]

I agree. On the surface it seems frivolous, but this boy will require specialized care for the rest of his life. His parents probably want the best available, and I don't blame them. They probably can't afford to give him that care, so what alternatives do they have? I think it's likely that there will be some sort of settlement, but it will be paltry compared to the actual need. It's a tragic, sad story with no happy ending.

No its frivolous all the way through not just on the surface. Yes this kid is going to require medical attention for the remainder of his life BUT he was signed up to play ball by his parents. They PUT HIM in the situation where he got hit by the ball, yet they want to sue eveyone else for what happened. Lets face it, the only people who are to blame here are the parents for allowing him to play a sport where hard balls travel in excess of 100mph AND the kid for not being alert enough to catch, deflect, move, or defend against the batted ball.

I wonder what kind of bat was in this kids equipment bag. Somehow I doubt that he was using a Louisville Slugger when he could've been using an aluminum bat. It's total hypocracy. Are they going to sue the kid who hit the ball because he may have lifted weights to make him stronger. What about the pitcher, the harder he throws the ball the harder it comes off the bat.... Lets sue him too. While we're at it, if the catcher signed the pitch into the pitcher lets sue the catcher.

At the end of the day, its not the bat manufacturer's fault, the ball manufacturers fault, the league, the coach, or anyone elses fault that he got hit by the ball. He was playing a competitive sport with the permission of his parents where injuries happen frequently.

I was involved in a similar incident when I was 14 as posted earlier. In reality even though my coach hit me with the ball, I knew as I was walking off the field that he was hitting to the outfielder directly behind me. It's my fault that I wasn't keeping my eye on the ball.

[T. John 21]

I can only imagine what warning labels that will start appearing on bats now.

[Goose 188]

That was a little bit uncalled for, wasn't it?

The guy has a right to express his opinion without being told to leave the country.

Last time i checked the Constitution i was entitled to freedom of Speech and i exercised that right.

I have zero tolerance for anyone who asserts that they have such a disgust for the country they wonder if it's worth living here. If you think it's that bad, leave. Doors open but good luck at finding anyplace on the earth that comes close to what you enjoy here.

Furthermore, this situation requires some perspective. While i am not a father i know that i would sue the living hell out of anyone if it meant that i could give my kid a shot at living a semi-normal life. I can't even imagine the medical expenses let alone the price of the continuing care, special therapies and schools. Unless your rolling in millions, the chances are it's going to be hell making ends meet. If i could squeeze cash out of Louisville or Little League so that i can get my kid what he needs, I'll do it because God knows that sitting around waiting for a handout or charity is going to get you nowhere fast.

[mfc2257 464]

Last time i checked the Constitution i was entitled to freedom of Speech and i exercised that right.

I have zero tolerance for anyone who asserts that they have such a disgust for the country they wonder if it's worth living here. If you think it's that bad, leave. Doors open but good luck at finding anyplace on the earth that comes close to what you enjoy here.

Furthermore, this situation requires some perspective. While i am not a father i know that i would sue the living hell out of anyone if it meant that i could give my kid a shot at living a semi-normal life. I can't even imagine the medical expenses let alone the price of the continuing care, special therapies and schools. Unless your rolling in millions, the chances are it's going to be hell making ends meet. If i could squeeze cash out of Louisville or Little League so that i can get my kid what he needs, I'll do it because God knows that sitting around waiting for a handout or charity is going to get you nowhere fast.

You would sue people who had no fault in what happened? Take money out of someone elses pockets even though they are innocent? That is a total abuse of American Freedom and the legal system that our forefathers put in place to protect us.

I'd laugh you out of court and add to your expenses by forcing you to pay the unjust legal bills of those that you sued without probable cause.

[jack10562 414]

While this is a tragic story, I really wonder how much "pop" was gained from a metal bat in the hands of a little-leaguer, over that of a light weight wooden bat?

Any line-drive by a baseball to the chest could be life threatening, my bet is the bat had nothing to do with the nature or extent of the injury.

All Little League infielders should be required to wear lightweight chest protectors for precisely this reason, to minimize the chances of encountering this type of injury. These kids are young and their defensive skills and reflexes are not developed enough to protect themselves from a well hit ball traveling right at them at well over 100 MPH.

[Guest alsfirefighter]

You would sue people who had no fault in what happened? Take money out of someone elses pockets even though they are innocent? That is a total abuse of American Freedom and the legal system that our forefathers put in place to protect us.

I'd laugh you out of court and add to your expenses by forcing you to pay the unjust legal bills of those that you sued without probable cause.

LOL. Take money out of insurance companies that are ripping everyone else off on top it...you bet your a** I would. Especially when a group comes to me and fills my head with how this wasn't anyone's fault but the "system" for using aluminum bats and we are going to help ensure your son is well taken care of for the rest of his life and try to stop this from happening to other children. Does anyone really think that isn't what is happening here as I pointed out in my first post. Are the bat manufacturers any different if they know their bats can generate more kinetic energy then a wood bat and cause a higher bat velocity which translates to a higher ball velocity when struck yet they make their money on way overpriced bats right?

You wouldn't be able to laugh anyone out of court because there is more then enough reasonable suspicion to have the case go forward. Then again...in order to be the one to laugh people out of court, you would have to start as an attorney that you so loath. And if you did try it would be all well and good it would just go over your level and on to the next which is exactly what they want in the first place.

How about the fact that there is a strong lobbying effort to get the NCAA to also ban aluminum bats because of similiar issues, they are adults and the ball comes off the bat even faster.

Jack10562. Excellent point, but this also goes along the line of how there is a lobbying effort in youth soccer to either ban head hits or make the kids wear a lightweight protective head protector due to documented cases of concussion and severe neck injuries due to these. I know if it were that much of a risk I'd make my kid wear one and in fact I'd probably not like it but I would've at a young age as well. I always wore a jam guard on my thumb, it would've been no different.

Another safety issue that has gone long ignored is there are a few deaths every year from believe it or not soccer nets being blown over. This was highlighted on HBO's "Real Sports." How many of your rec areas spent the 10 bucks per net to buy securing devices to stop this from happening?

As said your right the forefathers did put this in place to protect us and this is exactly what it is doing. If a high civil court finds that the bats are a issue guess what they are gone and maybe there will be a few more kids walking around ok. Lets not also forget that our forefathers were often arrogant, self serving, pompous and flawed individuals as well who were also protecting themselves. After all isn't that what freedom is all about.

[mfc2257 464]

LOL. Take money out of insurance companies that are ripping everyone else off on top it...you bet your a** I would. Especially when a group comes to me and fills my head with how this wasn't anyone's fault but the "system" for using aluminum bats and we are going to help ensure your son is well taken care of for the rest of his life and try to stop this from happening to other children. Does anyone really think that isn't what is happening here as I pointed out in my first post. Are the bat manufacturers any different if they know their bats can generate more kinetic energy then a wood bat and cause a higher bat velocity which translates to a higher ball velocity when struck yet they make their money on way overpriced bats right?

You wouldn't be able to laugh anyone out of court because there is more then enough reasonable suspicion to have the case go forward. Then again...in order to be the one to laugh people out of court, you would have to start as an attorney that you so loath. And if you did try it would be all well and good it would just go over your level and on to the next which is exactly what they want in the first place.

How about the fact that there is a strong lobbying effort to get the NCAA to also ban aluminum bats because of similiar issues, they are adults and the ball comes off the bat even faster.

Jack10562. Excellent point, but this also goes along the line of how there is a lobbying effort in youth soccer to either ban head hits or make the kids wear a lightweight protective head protector due to documented cases of concussion and severe neck injuries due to these. I know if it were that much of a risk I'd make my kid wear one and in fact I'd probably not like it but I would've at a young age as well. I always wore a jam guard on my thumb, it would've been no different.

Another safety issue that has gone long ignored is there are a few deaths every year from believe it or not soccer nets being blown over. This was highlighted on HBO's "Real Sports." How many of your rec areas spent the 10 bucks per net to buy securing devices to stop this from happening?

As said your right the forefathers did put this in place to protect us and this is exactly what it is doing. If a high civil court finds that the bats are a issue guess what they are gone and maybe there will be a few more kids walking around ok. Lets not also forget that our forefathers were often arrogant, self serving, pompous and flawed individuals as well who were also protecting themselves. After all isn't that what freedom is all about.

Unbelievable.... It's NOT ok to sue a bat manufacturer for a product that is approved for use by the league. It's not their fault. They build the product that the sport demands. If they are banned, then they'll stop making them. It's NOT ok to sue the store that sold the bat that is approved for use by the league. If they're banned and continue to sell them then that is a different story.

This is utter nonsense and I CANNOT believe that some of you are buying into it. This is why it is medical malpractice insurance is so friggin high. This is a drain on the taxpayers, this is a waste of resources.

I am sickened by this waste of our judicial system.

[Guest alsfirefighter]

It's NOT ok to sue a bat manufacturer for a product that is approved for use by the league. It's not their fault. They build the product that the sport demands. If they are banned, then they'll stop making them. It's NOT ok to sue the store that sold the bat that is approved for use by the league. If they're banned and continue to sell them then that is a different story.

Actually by the standards of our legal system it is ok to do everything your saying its not. Don't get me wrong bro..I'm not saying I agree with anything, I'm just making the point that just because you or I or anyone feels its wrong, they are within their rights and I still say someone pushed them into going further with this.

On a side thought, the banned argument doesn't hold much water either. I'm sure we could start putting a long list of things that weren't "banned" that were used and subsequent lawsuits led to them being banned from use for health and/or safety issues and I mean anything from pesticides, to dumping practices to machinery and so on.

[xfirefighter484x 234]

Last time i checked the Constitution i was entitled to freedom of Speech and i exercised that right.

I have zero tolerance for anyone who asserts that they have such a disgust for the country they wonder if it's worth living here. If you think it's that bad, leave. Doors open but good luck at finding anyplace on the earth that comes close to what you enjoy here.

You are entirely entitled to your opinion, just as I am. I think HOW you came across was unnecessary, and I still feel that way. This is no disrespect to the men and women who serve this country on a daily basis, on foreign fronts, or those who serve right here on the home front. It is the system as a whole that is morally degrading, and I think you would be hard pressed to find many that disagree.

Are some things here better than you can find anywhere else in the world?? Sure they are, but come on, are we a perfect nation, or one that has our problems???

And how much better are we if we sit back and do not speak out against what we believe are the injustices??? Isn't that one of the principles of the same Constitution as you mentioned??? To allow us to freely gather and express ourselves??

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

It is our RIGHT to speak out our minds, and what we feel is wrong. Albeit, the Constitution states merely for the fact of no LAWS being written to deny us these rights, it is interpreted as allowing us the right to free expression, as you did, and as well as did I.

Unbelievable.... It's NOT ok to sue a bat manufacturer for a product that is approved for use by the league. It's not their fault. They build the product that the sport demands. If they are banned, then they'll stop making them. It's NOT ok to sue the store that sold the bat that is approved for use by the league. If they're banned and continue to sell them then that is a different story.

This is utter nonsense and I CANNOT believe that some of you are buying into it. This is why it is medical malpractice insurance is so friggin high. This is a drain on the taxpayers, this is a waste of resources.

I am sickened by this waste of our judicial system.

I think you are barking up the same tree as me. You are thinking along exactly the same lines as I was. Even if said bats were banned from the league, how can you sue the store that sold it. It seems to me to be more the responsibility of the league as a whole for allowing the bat to continue to be used. The store merely served as a place of purchase, and did not sell specifically to go against this one league's rules. It just defies all logic (to me at least).

Actually by the standards of our legal system it is ok to do everything your saying its not. Don't get me wrong bro..I'm not saying I agree with anything, I'm just making the point that just because you or I or anyone feels its wrong, they are within their rights and I still say someone pushed them into going further with this.

You have a very good point Tom. The system allows for such injustices. This is right up there along the lines of people who sue car manufacturers when THEY have an accident, for no reason of the manufacturers fault. It could blatantly be their fault, yet they merely sue for the Deep Pockets principle, and it disgusts me.

But what is there to do. All you need to sue these days is a pen. That is so, because all you need is to sign the papers, and sign your checkbook. Sad, isn't it?

[NWFDMedic 58]

While this is a tragic story, I really wonder how much "pop" was gained from a metal bat in the hands of a little-leaguer, over that of a light weight wooden bat?

Any line-drive by a baseball to the chest could be life threatening, my bet is the bat had nothing to do with the nature or extent of the injury.

All Little League infielders should be required to wear lightweight chest protectors for precisely this reason, to minimize the chances of encountering this type of injury. These kids are young and their defensive skills and reflexes are not developed enough to protect themselves from a well hit ball traveling right at them at well over 100 MPH.

Ok. While I respect your opinion, chest protectors for infielders? This is a sport we're talking about. Just as in other sports you could just as easily take an elbow to the head (basketball) or a cleat to the chest (soccer) causing permanent injury.

If you go back to the days when aluminum and other composite bats became popular for youth baseball, there were a significant number of injuries because the bats were being made lighter and with better characteristics to cause the ball to fly off the bat. Today, most youth leagues, including Little League Baseball, Inc., have rules regarding non-wood bats including a Bat Performance Factor (BPF) which is a quantitative measure of a bat's transfer of energy to a ball compared with a wood bat. They have also limited the difference in weight and length to keep from artifically increasing a child's bat speed. In younger leagues, they actually use softer baseballs. The news said there have been 3 "seriously" injured kids among the millions upon millions of kids that play Little League Baseball. As much of a tragedy as each case is; it's a game. LLB and other youth groups have taken proactive steps to limit injury. This kid was FOURTEEN years old at the time of the incident. If he hadn't developed basic baseball skills by then, he would not have been that close to the ball.