The parents of a boy that was struck by a very fast baseball, propelled by a lightweight hollow aluminum bat, has filed a personal injury lawsuit naming the maker of Louisville Slugger bats, a sports retailer and youth baseball organizers as responsible for the boy's resulting brain damage, as reported by the North Jersey Record.
The injury occurred in 2006, when little leaguer S.D., then 12 years old, was playing the position of pitcher in a game.
The trial is set to start on September 10 in Peterson's State Superior Court. The suit was filed in 2008.
Since the filing, and subsequent attention to the case, critics have claimed that balls hit with an aluminum bat travel faster than those hit by a wooden bat. Critics have also raised doubts as to whether the metal bats should be allowed for use in Little League games.
J.D., S.D.'s father, has become a vocal opponent against the continued use of metal bats. Both the New York City Council and several North Jersey towns have since banned their usage in high school games. The attention raised from S.D.'s injury has resulted in sympathy from families of Little League players and from professional players as well.
Defendants in the suit are bat maker Hillerich & Bradsby Co., The Sports Authority, Inc.; Little League, Inc.; and New Jersey Little League. Each are named for not testing the bat to ensure it safe for Little league use and for marketing violations as outlined in the state Consumer Fraud Act.
According to the S.D.'s parents, the hollow youth aluminum bat, model YB 504, is both lighter and stronger than bats that were made 30 years ago. The bat propelled a baseball 45 feet with enough force and speed to strike S.D. in the chest – in the millisecond between heartbeats – and cause his heart to stop beating for 15 to 20 minutes.
The length of time that S.D. was deprived of oxygen resulted in a nearly nine-month long hospital stay, and he remains severely handicapped to this day. In the course of the last few years S.D. has undergone physical therapy and has made some steps with the aid of his father.
S.D. was able to attend the Passaic County Elks Cerebral Palsy High School prom last year.
Both Hillerich & Bradsby and Little League Inc. have expressed their sympathy for S.D.'s injury but neither has accepted responsibility.
Damages are sought for emotional pain and suffering, punitive and other damages under product liability and consumer fraud laws.
A judge has order that there were "substantial questions as to material issues of fact" in ruling against the defendant's request for dismissal. The case, according to the judge, will require a trial by jury.
If you, or someone you hold dear, have been harmed by the use of faulty equipment you have grounds for a personal injury lawsuit. Contact a personal injury lawyer today for help collecting the damages you have incurred!