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Monday, May 19, 2008

And In The Pathetic Corner, Wearing The Clown Suit(s)....

Are the parents who are suing the manufacturer of a baseball bat because their child was injured playing baseball. This is a terrible event that resulted in brain damage to a child who has had an otherwise normal life tragically changed. I have a daughter that is developmentally delayed, and despite being nine is academically at a kindergarten level. I understand their frustrations and fears and sadness. I understand their anger and their love and their confusion. I feel for the son and the parents and wish I could dream it all away for them, but I can't.

Steven Domalewski was a 12 year old boy pitching in a baseball game when another child hit a ball and it struck Steven just above the heart, stopping it for 15 minutes or more and causing irreparable brain damage. It is a terrible situation and one that no one probably conceived of every happening. My son plays baseball and it has never crossed my mind that he would experience the same problem.

It is not the fault of the baseball bat. It is not the fault of the ball, the groundskeeper, the coach, the rules committee of the little league who decides that the pitching mound will be 10 inches higher than the rest of the field. It is not the fault of the baseball manufacturer, the league for not providing kevlar baseball caps, the uniform makers for not having law enforcement trauma plates inside the baseball uniform.

It is an unfortunate event that we all wish could be undone. I understand their anger and desire to blame someone and get some closure, but this is mis-directed. If this suit is successful, the way of life for young athletes will be changed.

Of course, maybe this will make us do away with the stupid designated hitter rule in MLB.

12 Posts From Readers:

rockync said...

I am also incredibly sympathetic with these parents. It was a horrible accident but it will be hard to prove negligence on anyone's part. After all, the Dad was a coach. Perhaps someone should be looking into developing some sort of shock-absorbing chest plate for pitchers and helmets for every team member. (Maybe they do that already; I'm kind of out of touch with Little League these days).

Robert (Conservative Commentary) said...

We use chest protectors and batting helmets for the kids who play pitcher. At my son's age, they play coach pitch, and the kid on the "mound" is just another infielder.

We use these very bats, and I have no qualms about my son playing the infield with kids hitting with them.

rockync said...

I really feel very sad for this family, but geez, kids have been playing Little League baseball forever. All four of mine played and occasionally someone might sustain some kind of injury. Freak accidents happen and I'm sure with the Dad himself coaching that responsible adults were watching out for them. But kids get injured or killed every day. They are active and fearless and they are young, small and vulnerable. I wish there was an object to hold up and say "This is what did it!" Unfortunately that makes no more sense than holding a gun used in a murder and saying "This killed that person!" I can't imagine the cost in money and emotional pain they must bear. It would be nice if there was a pool of money just to help out folks who have suffered terrible accidents through no real fault of their own or anyone else's.
Maybe if we could get gas down to $0.50 a gal, we could create such a pool. :)

Conservative Chic said...

When I first heard of this on Fox News I could only shake my head. I feel for the family, I truly do. It was an unfortunate accident that leaves many scars. What I find fault with is the constant need to blame someone. Sometimes things just happen. This country is sue happy and this is just another example of a family trying take advantage of an already sad situation.

rockync said...

Conservative chic, it does seem that we have become programmed to think of a lawsuit as soon as something unwanted happens. I wonder if the litigation lawyers have been running ads with subliminal messages all these years. This is denifitely going to be a no-win situation for all involved, especially the other Little Leaguers.

The Beltway B@stard said...

From the absurd to the tragic - we are a suing society.

What happened to their child is horrible. But it's part of life. Accidents happen, and people are hurt. You can't take it back, and you have to move on.

Robert, you and I know/have seen this most of our professional careers. You want to scream at these people, and at the same time give them support for their loss.

It's always the senseless acts, and freak accidents that are hardest to get over.

Robert (Conservative Commentary) said...

Last night was our final game (Finished 11-3, David had a season best game - 4 for 4, one a home run with two on base, a double and two singles, 4 RBI. Actually one of the singles was an error on the first baseman, but at 6 yrs old we don't count those) and the other teams 3rd baseman got popped in the nose with a ground ball that took an evil bounce. Stopped the game for about 5 minutes, and it took 10 to get the bleeding stopped. He was out the rest of the inning, but refused to sit out more than that and demanded to go back to 3rd.

That is what sports is all about. Tenacity. Determination. Overcoming obstacles. Perseverance. Never giving up.

Little Steven faces an unfortunate situation and I pray for his parents. But let us not destroy every other kid's life lessons because of an accident.

You are right BB, there is no closure and understanding of the senseless and unexplainable accidents. It is one reason cops are such jerks, because we have to compartmentalize these things to be able to deal with it every day.

DD2 aka Debonair Dude said...

Hey thats why we need people like John Edwards around for......

rockync said...

When I think of all the times I was injured as a child and my parents never thought once about suing anyone. In fact, I was usually the one in trouble! One summer we were at the lake with family friends and we were fooling around by an open campfire in bathing suits. I fell backwards into the fire, burned the backs of both legs and spent the summer laying on my stomache and in pain. Eventually my legs healed mostly. I still carry a couple of scars, but you can hardly see them. Nobody meant for it to happen; just one of those things and life still goes on, no matter what. Hey, if you have a case of real negligence or deliberate malice, then sue them, they deserve it, but stuff like this...

dons_mind said...

rockync, i think you should have sued the campground for putting that campfire area there. after all, if the fire ring wasn't in that particular location, your fall would only have resulted in maybe cuts 'n scrapes.....

(typed with tongue firmly implanted incheek)

rockync said...

LOL,don -- actually, before they realized how badly burned I was (I think the shock kept the pain at bay for a few moments) my folks were yelling at me for fooling around near the fire!
Gee, what was the matter with my parents that their first concern was my behavior? (Tongue also firmly in cheek). Thank God it didn't happen in this time or they'd probably be charged with child abuse!

MissBossyPants said...

I worked with a tort reform advocacy group called AVALA when I was in college, and it opened my eyes. Yes, sometimes we want to sock it to the bastards (like insurance companies) who really seem intent on screwing good people. But most of the time, greedy plaintiff's lawyers are just getting richer and the plaintiffs are the victims of the attorneys' greed. So not only has this family effectively "lost" their son (at least the son they had before, they just have to adjust to a new life for him) but they're pawns in the plaintiffs' lawyers' game now. Sucks all around.

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