Courts need to Stay Out of Sports

[mstaylor]

Not a good day for sports. It could make it tough on field trips.

Ballpark-injury ruling bad for baseball, Iowa justice argues

By JARED STRONG . jstrong@dmreg.com . March 14, 2009

A state Supreme Court ruling that allows a Bettendorf woman to sue over injuries her daughter suffered when she was struck with an errant bat at a minor-league baseball game threatens the spirit of America's pastime, according to a judge who said his fellow justices have "taken a mighty swing ... and missed by a mile."

Justice Mark Cady's critique of Friday's 5-2 decision said generations of baseball fans have known that the potential for injury from a foul ball or shattered bat is part of the game's fabric.

Cady's lengthy dissent argues that the decision to let Cynthia Sweeney's lawsuit go forward has "changed the game."

"With this decision, America's pastime risks becoming a different, or less frequent, event for children than enjoyed in the past," he wrote. "There is no joy on this day around Iowa's ballparks."

The lawsuit stems from a June 2003 Quad City River Bandits game in Davenport that Tara Sweeney, 8, attended as part of a field trip organized by the Bettendorf parks and recreation department. Sweeney sat in the third or fourth row of bleachers about 30 feet past third base, beyond the area where a net protects spectators, according to court records.

When Sweeney turned her head to talk to a friend, a player lost control of his bat, which traveled about 120 feet and struck the girl in the head. Her mother had signed a liability waiver that absolved the city of responsibility for accidents or injuries on the field trip. But the Sweeneys argued that supervisors of the outing were nonetheless negligent.

A Scott County judge threw out the lawsuit.

But the Supreme Court ruled that the city had "a duty to ... protect the children's safety at the ballpark," adding that a jury could find parks employees put the child in an "unreasonably hazardous location" to watch the game.

Cady wrote, however, that baseballs and bats, or pieces of bats, that occasionally land in the bleachers are a known and traditionally acceptable part of the sport and that the case "should be thrown out by a call made with relative ease."

Friday's decision moves the case back to Scott County court. Neither Cynthia Sweeney nor her attorney could be immediately reached for comment.

It's generally recognized that spectators can't sue for being hit by a foul ball, but the New Jersey Supreme Court in 2005 ruled in favor of a fan struck by a ball while in line to buy beer. The New Jersey justices said there should be no expectation that the fan could pay attention while in a concession line. That spurred legislators to pass a law that protects stadium owners from lawsuits.

Steve Grimes, director of parks and recreation in Bettendorf, declined to comment on Friday's ruling but said the city still organizes field trips for children to see River Bandits games.

[Stan W.]

I can hear my dad now.....

what do you mean you got hit with a bat?.........how many times have I told you never turn away from the field of play!!!......

[poppyfor3]

How long before we see a commercial "Have you been injured at a baseball game. If so, call our law firm--Bloodsuckers United."

That stampede you hear is the lawyers rushing to place an add on the outfield fence.

[midmoump]

Sweeney sat in the third or fourth row of bleachers about 30 feet past third base, beyond the area where a net protects spectators, according to court records.

But the Supreme Court ruled that the city had "a duty to ... protect the children's safety at the ballpark," adding that a jury could find parks employees put the child in an "unreasonably hazardous location" to watch the game.

The court is way off base (pardon the pun). Could a jury really find that netting should be required 30 feet past third base? Maybe the stadium should prohibit children from sitting in these "danger zones?" Most (all?) parks have signs warning spectators to be aware of objects leaving the field. Usually an assumption of risk statement is printed on the ticket. However, a court could find a child could not adequately evaluate and understand this risk because of his or her young age and immaturity. Maybe a children's area enclosed in a plexiglass bubble is the answer?

[mstaylor]

I would imagine that all parks do the same thing but around here they announce before the game to pay attention, you could get hit.

[Umpire in Chief]

I do feel bad for the little girl being hit. But it is a risk we take going to a ball game. 2 years ago I had a game where one of the foul balls hit a lady watching a softball game on the next field. She had to be taken away in an ambulance.

The mother is going to have a tough fight to prove negligence against the city rec department.

Unfortunately this falls under the S:censored:t happens category.

[mstaylor]

If the parents were that concerned about safety, they should have been there as chaperones. If they were then they need to shut-up.

[blue32]

I don't know if you guys noticed this also, but during the World Baseball Classic, at the Tokyo Dome, not only do they have netting behind the plate, but it expands down both lines past the bases. It wouldn't surprise me for MLB and MiLB adopt the same policy eventually, a-la the NHL with the nets behind each goal after the young girl in Columbus, OH was killed from a slapshot that cleared the glass.

[blindumpire99]

(shakes head).

Here is what I am waiting for..

Schools that don't have, or refuse ,to place fencing in front of the dugouts and somebody's Little Johnny, either minding his business and doing exactly what we and the rules tell coaches to do, i.e. 'keep players in the dugout", OR Little Johnny is up in front of the dugout, grab@$$ing OR paying semi attention, while you are doing your job paying attention to the game and he takes a foul ball to the noggin, or you pick the place, and is seriously injured.

Who's gonna catch he77 then? Who should? Not US as I see it..Last year, on the same field in 2 seperate games, I had 2 players take foul balls that richoceted through the dugout to their head and bodys and BOTH were sitting ON the bench minding their own business...:shrug:

[PeteBooth]

Not a good day for sports. It could make it tough on field trips.

Ballpark-injury ruling bad for baseball, Iowa justice argues

By JARED STRONG . jstrong@dmreg.com . March 14, 2009

A state Supreme Court ruling that allows a Bettendorf woman to sue over injuries her daughter suffered when she was struck with an errant bat at a minor-league baseball game threatens the spirit of America's pastime, according to a judge who said his fellow justices have "taken a mighty swing ... and missed by a mile."

Justice Mark Cady's critique of Friday's 5-2 decision said generations of baseball fans have known that the potential for injury from a foul ball or shattered bat is part of the game's fabric.

Cady's lengthy dissent argues that the decision to let Cynthia Sweeney's lawsuit go forward has "changed the game."

"With this decision, America's pastime risks becoming a different, or less frequent, event for children than enjoyed in the past," he wrote. "There is no joy on this day around Iowa's ballparks."

The lawsuit stems from a June 2003 Quad City River Bandits game in Davenport that Tara Sweeney, 8, attended as part of a field trip organized by the Bettendorf parks and recreation department. Sweeney sat in the third or fourth row of bleachers about 30 feet past third base, beyond the area where a net protects spectators, according to court records.

When Sweeney turned her head to talk to a friend, a player lost control of his bat, which traveled about 120 feet and struck the girl in the head. Her mother had signed a liability waiver that absolved the city of responsibility for accidents or injuries on the field trip. But the Sweeneys argued that supervisors of the outing were nonetheless negligent.

A Scott County judge threw out the lawsuit.

But the Supreme Court ruled that the city had "a duty to ... protect the children's safety at the ballpark," adding that a jury could find parks employees put the child in an "unreasonably hazardous location" to watch the game.

Cady wrote, however, that baseballs and bats, or pieces of bats, that occasionally land in the bleachers are a known and traditionally acceptable part of the sport and that the case "should be thrown out by a call made with relative ease."

Friday's decision moves the case back to Scott County court. Neither Cynthia Sweeney nor her attorney could be immediately reached for comment.

It's generally recognized that spectators can't sue for being hit by a foul ball, but the New Jersey Supreme Court in 2005 ruled in favor of a fan struck by a ball while in line to buy beer. The New Jersey justices said there should be no expectation that the fan could pay attention while in a concession line. That spurred legislators to pass a law that protects stadium owners from lawsuits.

Steve Grimes, director of parks and recreation in Bettendorf, declined to comment on Friday's ruling but said the city still organizes field trips for children to see River Bandits games.

Michael my gut tells me that this case like many others will be settled out of court simply due to economics.

if that happens or the Plaintiff wins the case out-right it's not too far fetched to start seeing a major decline in youth sports. I can see complexes closing etc. becasue no one wants the liability associated with running a youth sporting event or complex.

One day most likely not in our life-time people will say "What happened to youth sports in America" and they need only look at themselves to blame.

The aforementioned is why we as officials are STURN about safety issues. The moment we do not examine the "bats / hats" in a HS game and GOD forbid something happens is the moment someone is waiting to sue the "pants off of us"

That's why I get a kick out of people when we have to call a game because of faulty equipment or the team not having enough players or any other type safety violation and these SAME PEOPLE say "It's for the kids". Yeah right until your son/daughter gets hurt and you are 'first in line" at the courthouse.

Pete Booth