The Chicago Tribune carried this story (FREE REGISTRATION REQUIRED) about a 17 year old pitcher who was hit by a line drive in a high school game. The batter hit a pitch and the resulting line drive struck the pitcher in the head causing injury.
So, who is the pitcher suing? The bat manufacturer.
They allege that H&B (aka Louisville Slugger, the bat manufacturer) was defective because when the ball is hit from the aluminum bat, the pitcher does not have enough time to react.
They also allege that H&B failed to affix labels saying (to the effect) “this bat can cause projectiles to be launched at super speeds, so beware” (my wording, not the lawsuits).
Now, anyone who has played the game of baseball knows that the ball flys off of an aluminum bat at greater speeds than a wooden bat. That’s why the pros banned them. Furthermore, any pitcher standing out there knows that he can be injured by a line drive (just like any batter knows he could be injured by being hit by a pitch). It’s part of the “inherent risk” of playing the game.
The plaintiffs are seeking in excess of $50,000 in compensatory damages and in excess of $1,000,000 in punative damages.
So, what say you? Frivilous suit, or does the plaintiff have a reasonable case?