Thursday, October 22, 2009

Lawsuit Against Louisville Slugger

(Helena, Montana) In 2003, an 18-year-old pitcher in an American Legion baseball game, Brandon Patch, was struck on the temple by a batted ball and died only hours later. Attorneys for the mother of Brandon, Debbie Patch, filed a civil suit in Helena District Court seeking damages from the makers of Louisville Slugger bats, claiming that aluminum bats are too dangerous.
According to the plaintiff's attorneys, Patch's death was caused by the defective and unreasonably dangerous product because the bat was designed and manufactured to allow the ball to be hit with such significant force as to endanger the safety of those playing the game.

No warnings were given to adequately provide sufficient notice to users such as Patch of the dangerous propensities of these products, the suit alleges.

The lawsuit states the plaintiff is entitled to punitive damages for the sake of example and as punishment from the makers of Louisville Slugger, Hillerich & Bradsby Co., which acted with actual malice due to their knowledge or intentional disregard of facts, creating a high probability of injury to players such as Patch.

The makers of Louisville Slugger misrepresented to the end user and to the general public that the bat in question was safe for use in competitive baseball games, the suit argues.

The plaintiff also is seeking actual damages in an amount to be determined during the trial.
Expected to last for a couple weeks, the trial will be watched with understandably keen interest by followers of baseball.

Companion post at The Jawa Report.

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