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Another stupid lawsuit

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wintersway
Posts: 5115 - Karma: 128
Just saw this on the news a few minutes ago. A family is suing the baseball bat company Louisville Slugger after their son was hit in the chest by a ball hit off an aluminum baseball bat. The family says that the bat is at blame. Are they fucking serious?! If they win.... shit will hit the fan

I do realize that the boy is majorly disabled because of the hit, but seriously, the family is just blaming whatever the feel like and making up an argument out of bullshit.

One article I found about it when searching google: http://www1.pressdemocrat.com/article/20080518/WIRE/805180417/1010/SPORT01



May 18 2008 6:56PM
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CBROOKS
Posts: 4979 - Karma: 10,708
I actually just wrote a speech for my English class about how disgusting lawsuits in the US are. It's complete bullshit how people try to turn tragedies into a way to get rich.
May 18 2008 7:01PM
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spiegel
Posts: 945 - Karma: 7
uh, sounds like he would have been fine and alive if the ball hadn't hit him at the precise moment between heartbeats.

am i reading this right?


May 18 2008 7:12PM
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eheath
Posts: 61603 - Karma: 123,069
Thats fucking stupid, i hope they loose. Unfortunate for the kid, but he accepted the consequences of baseball when he played, he is just very unlucky.
May 18 2008 7:12PM
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wintersway
Posts: 5115 - Karma: 128
yeah, you read it correctly. it's this really rare thing that happens when you are hit hard in the chest in between the regular beats of the heart that will 1) cause an irregular heartbeat, and 2) leave the person unconscious
May 18 2008 7:19PM
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Balto
Posts: 25985 - Karma: 4,404
wow thats just BS. there is no way that will hold up in court the judge will dismiss it
May 18 2008 7:26PM
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highfive
Posts: 3087 - Karma: 11
eh maybe it would be nice for the kid to win so that he could get some good treatment.
May 18 2008 7:27PM
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doublexl
Posts: 8407 - Karma: 27
i dont know, youd be surprised. some lady sued mcdonald's and won when she spilled coffee all over herself and got burned.
May 18 2008 7:28PM
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Meh42
Posts: 2431 - Karma: 14
It would be nice if our government had some kind of program which financially assisted the families of people like him. 

You shouldn't be forced to create frivolous lawsuits against innocent manufacturers just to make ends meet.
May 18 2008 7:30PM
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steezyjibber
Posts: 15967 - Karma: 11,026
they could make some serious skrill tho
May 18 2008 7:31PM
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steezyjibber
Posts: 15967 - Karma: 11,026
i feel bad for him and the kid who hit him too
May 18 2008 7:33PM
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Reed.S
Posts: 1126 - Karma: 10
i bet the kids family is already rich and is just greedy
May 18 2008 7:33PM
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highfive
Posts: 3087 - Karma: 11
yea but you dont know that shit. so shut the fuck up with your useless comment?
May 18 2008 7:36PM
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comeatmebro
Posts: 10720 - Karma: 66
yeah but i think it's cause they didn't have a Caution: coffee is hot thing

if they win that is so fucking gay, i mean yeah you feel bad for the kid...but people should not sue for that...
May 18 2008 7:40PM
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pbandj
Posts: 5610 - Karma: 28
uhh health insurance? ever hear of it? the amount of money it will take for treatment of this child will be equivalent to what those companies spend on marketing in a week, there shouldn't be a government program that assists them, the government should just merely enforce the contracts between people and their health insurance carriers or should alter the way those contracts are written so that the insurance company has to stick to their end of the bargain
May 18 2008 7:54PM
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tronnnnnnn
Posts: 736 - Karma: 14
This is the family's fault for not having their child insured.  They knew that children's sports are dangerous, and that something like this was possible, yet they had no insurance on him, not even catastrophic.  Did they not understand the game of baseball and that balls will be flying throught the air????

catchers are hit in the head with bats all the time by hitters in little league, never seen a law suit on that.

People should lose their right to sue after they make such a bullshit lawsuit as this.
May 18 2008 8:09PM
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pbandj
Posts: 5610 - Karma: 28
that would be like giving the health insurance company an option like car insurance companies have to total a vehicle....

while it can be difficult, hospitals do work with low income families without health insurance to lower the costs, but really cheap health insurance (like what has been introduced in massachusetts and various other states) is the best bet
May 18 2008 8:18PM
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ChanchoVelez.
Posts: 1029 - Karma: 11

god damn dude chill out! you were like freaking out about someones comment dont get you undies in a bundle over it

and i feel bad for the kid but the lawsuit is bs

May 18 2008 8:20PM
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tronnnnnnn
Posts: 736 - Karma: 14
All this will probably do is make is so low income kids can never again participate in Little League Sports.  Little league will either have to provide or require full health insurance, which will make it impossible for low income kids to be involved...

just think, if we had universal healthcare, even just for children, monster lawsuits like this would not exist, there would be no medical bills to sue for.... at most they could ask for a million for pain and suffering.
May 18 2008 8:21PM
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Alex_G
Posts: 11902 - Karma: 1,019
ehh maybe, makes sense...whatever kind of family they are, we know that they are greedy.
May 18 2008 8:23PM
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tronnnnnnn
Posts: 736 - Karma: 14
if the family was even middle class, they're child would have been insured
May 18 2008 8:24PM
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pbandj
Posts: 5610 - Karma: 28
^ I didn't see anywhere in the article where it is stated that the child was not insured, in fact, I highly doubt he wasn't.  Nor does it mention which economical class they were in.  Their insurance carrier may have dropped them or refused to cover treatment, in which case they should be suing their insurance carrier, which would be a valid suit.  No, I'm betting their just a family who can make ends meet and they are using their son's unfortunate accident to strike gold.  End of story.
May 18 2008 8:28PM
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pbandj
Posts: 5610 - Karma: 28
I meant to quote Tronn not drew by the way.

Drew, I completely understand that.  However, there are numerous drawbacks to universal health care.  Some of which include various abuses just like welfare.  Also, in countries like the U.K. where universal health care exists, many people who are actually sick have to wait months, in some cases years in order to be seen, never mind treated.  I'm just saying that it could work, yet the system would be in need of serious order and screening.
May 18 2008 8:33PM
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tronnnnnnn
Posts: 736 - Karma: 14
If he was insured and dropped, the insurance company would be being sued.  If he was insured, they would have no reason to ask louisville Slugger, little league or sports authority for cash.

That article is obviously an appeal to emotion, and therefore, would not mention any part the parents had to play in the accident.  I am a business law student and can tell you this kid was not insured.  The lawsuit would look a lot different if he was.

Did you also read that this did not take place during a little league event?  they are suing little league because they say metal bats are no more dangerous than wood on their website.  How crazy is that?

No matter how rich you are, your not making ends meet when their is over $35 million in lifetime medical expenses, anybody would need help with that bill.  That is why insurance exists.
May 18 2008 8:36PM
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tronnnnnnn
Posts: 736 - Karma: 14
and please do a little more research on universal healthcare, preferrably from sources not manufactured by the US government.
May 18 2008 8:37PM
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tronnnnnnn
Posts: 736 - Karma: 14
but atleast they can see a dentist.

i haven't been to one in over 6 years as i have no dental insurance and cannot afford it.  I'd rather wait a few months then never see him or her at all

no system will be flawless, but i think they will be more effective then the current situation
May 18 2008 8:41PM
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pbandj
Posts: 5610 - Karma: 28
Which is why i stated they are greedy, not lower class.   Also, what I stated about universal health care is FACT not fiction written up by the U.S. government.  Canada did it right, Cuba did it right, the U.K. did not.  So in essence it is do-able, I never stated it wasn't.  Oh so you're a business student, guess what, so am I, majoring in marketing, and I can tell you that the article was written to jerk emotion to rally support around their lawsuit.  NOTHING but a marketing technique in my humble opinion.  Also, since they were going for that emotional "tear jerker" format, IT WOULD have stated the child was uninsured during the incident to provoke even more emotions from people, the child was insured.  The family is simply greedy.

Yes Drew, I am an advocate for it, because I do feel every human being has a right to proper health care, just simply stating that it needs to be done properly.  Hillary's plan to implement universal health care has to many holes in it.


May 18 2008 8:47PM
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Static
Posts: 8553 - Karma: 4,089
There's no way you can't afford it, you choose to spend your money on other things.
May 18 2008 9:02PM
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tronnnnnnn
Posts: 736 - Karma: 14
please give me a reason why insurance is not covering the bill, or a part of the lawsuit then?

and marketing for lawsuits does not exist, as 1 person will make the decision.  And i feel a lot less for the family since he wasn't insured, as it makes it their fault.  If he was insure=d fully, and got screwed by the insurance company, then this lawsuit would be against the insurance company, and we would all be behind it.  Grab you business law book son.

AND NOTHING WRITTEN BY THE US GOV'T IS FACT.  HAVE YOU SEEN THE AMOUNTS OF MONEY BEING PAID BY PHARMACEUTICAL AND INSURANCE COMPANIES TO THE GOV'T?

and hillary no longer has a plan, she dropped that when they started sending her checks
May 18 2008 9:06PM
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tronnnnnnn
Posts: 736 - Karma: 14
and no, i cannot afford it......maybe once i get through with college and get a good job

if the other things i choose to spend my money on are food, shelter, tuition (at community college b/c i cannot afford a 4 year school) and gas to go to school, then yes, i could stop eating, live on the streets and discontinue my education to get my teeth cleaned by a pro every 6 months.  so yes, i choose to live with dirty teeth, rather than starve to death with clean ones

you knwo what dental work costs?
May 18 2008 9:12PM
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Static
Posts: 8553 - Karma: 4,089
Maybe you could sell your wrx. You're a student huh? Well most schools offer discounted student insurance plans. 
May 18 2008 9:16PM
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tronnnnnnn
Posts: 736 - Karma: 14
you kind of got me there......but i i built it from a salvaged title.........it would put me in ten times worse financial position to sell it.   Also, i have insurance through school, only catastrophic though
May 18 2008 9:21PM
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tronnnnnnn
Posts: 736 - Karma: 14
kind of right tho i guess.  if i did sell my car, or quit skiing, i could probably see a dentist twice a year for a few years....... season pass is $400, thats like half a dentist visit right there!
May 18 2008 9:30PM
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pbandj
Posts: 5610 - Karma: 28
Tell me where it says the insurance company isn't covering the costs? It doesn't mention that the law suit will  be used to cover those bills, simply that they exist.   So one could argue that the lawsuit is simply  a pain and suffering type suit.   Also, since your business law you should know that the complainant may request a grand jury during deliberation, which would decide whether or not the defendant is at fault but the judge delegates the amount to be paid out by the defendant.  In this case, I find it likely that the family may request such a jury, a jury that may have read that article.  

You also stated that if he got screwed by his insurance company than the suit would be against them. I already said that, READ before you post.

Your statement about the government writing about universal health care "facts", what makes you assume I merely read about it? You know simply nothing of me, where I have traveled, nor the people I associate with.  However, I will inform you where I learned about The United Kingdoms failure of placing a functioning health care system.  My boss is a SCOTT that's right from the U.K. herself.  Not from some propaganda filled slander written by some desk jockey in Washington D.C.  There are issues with universal health care, just as there are issues with welfare.  

Currently I believe the best way for all to receive health care lies withing reformation of insurance companies.  In some cases this has already begun, I personally am a beneficiary of health insurance reform because the state where I reside passed a law stating that all individuals must have personal health insurance.  Because of that law being passed insurance companies reformed, I currently pay forty dollars a month for medical and dental insurance with a $15 co-pay for an office visit and $75 for emergency visits or major surgeries.  No annual deductible, no chance of being dropped.

I would knock the pharmaceutical companies, but that is how my dad pays for my tuition and put a roof over my head when I was younger, although he is in the educational end of the business, not the sales.   
May 18 2008 9:33PM
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BMskier
Posts: 3363 - Karma: 365
i might just move to new zealand so i dont have to deal with this stuff
May 18 2008 9:37PM
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tronnnnnnn
Posts: 736 - Karma: 14
first semester as a business student?  please do some research before posting shit.

(1) if a potential juror has any prior knowledge of a case, they are dismissed immediately......there is no marketing in lawsuits

(2) the limit for pain and suffering in the us is 1 million, and it cannot be caused by a forseeable event, of which this definately is

(3) YOU READ, the insurance company is not listed as a part of the lawsuit, plaintiff or defendant, and therefore is not involved ( as this families insurance company is non-existent).  if he was insured, the insurance company would be on one side or the other of the lawsuit.

and i didn't just read that link, i have read multiple things on this case by now... also, this would be a case where the judge would decide $1 should the jury decide in the plaintiff's favor.  that is why that rule is there, so nothing can actually be determined by people with no real law background....

and what people tell you is not a reliable source.  Humans often exaggerate because we cannot control our emotions.  How qualified in the medical field and the politics of universal healthcare is your boss?  that was an obvious appeal to authority, but the person you cited actual isn't a figure of authority.  god i would love to read one of your papers......that'd be fun
May 18 2008 9:46PM
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tronnnnnnn
Posts: 736 - Karma: 14
and lastly, if the insurance company was paying the medical bills, the family would have no grounds to sue.  the insurance company could sue and try to prove that the bat was at fault to try to recoup some expenses, but then the familly would not be on the lawsuit, yet they are.  hit the books, you need a little work.
May 18 2008 9:50PM
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The_Future
Posts: 1418 - Karma: 607

i didn't read the rest of the posts but i'm pretty sure if you get hit in the chest at the milisecond between heart beats by just about anything at a decent velocity your heart can stop. 

May 18 2008 10:03PM
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AbeFroman
Posts: 1268 - Karma: -4
thats sooooo gay...i feel bad for the kid but he knew that that could have happened because he's playing baseball so its not like it was on purpose...i dont think you can sue anyone for that
May 18 2008 10:04PM
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sarahskis
Posts: 1587 - Karma: 41
Thats like suing god because you ran into a tree
May 18 2008 10:11PM
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tronnnnnnn
Posts: 736 - Karma: 14
yes, the medical condition is commotio cordis and is fairly common i believe...... "Hillerich & Bradsby said Domalewski's injury, called commotio cordis, happens more often in baseball from thrown balls than batted ones."


the sad thing here is that a $10 chest pad that is required in lacrosse and other sports would have prevented this.
May 18 2008 10:11PM
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pbandj
Posts: 5610 - Karma: 28
1. You put too much faith in the legal system, people LIE, they can easily say they have no prior knowledge of the event, and if they didn't they shouldn't be deciding a legal case of this severity because they are probably uneducated, and would probably side with the plaintiff because "the big companies have lots of money anyway."

2. Where does it state how much the complainant is suing for anyway? 

3. And as I stated previously, the insurance company would be on one end of the suit had they dropped the child from their program.  Simply backing my claim that they are suing for money which has intended use other than what would support the child's medical programs.

I agree, the judge could rule the defendant owes them a penny, however, gaining a backing in the case surely would not harm the complainant's cause in any way, shape, or form.

Lastly, sure it is open to speculation, however, in urban areas of the U.K., specifically lower class areas,  health care is generally difficult to obtain in a timely fashion.  I have been told this by British citizens who's claims have backed some of  the information already available. Face it, there are holes in universal health care.  A large sum of holes.  Jobs held by health insurance providers would be lost affecting the economy, less doctors because would-be-doctors would lose interest due to the fact that they'll make less money, worse care because people who are already doctors aren't making as much.  Sure you can cite good will, but this is not some magical land where everyone is focused on the community, at the end of the day it always comes down to the all mighty dollar. Which again, is why this family is probably suing.
May 18 2008 10:12PM
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pbandj
Posts: 5610 - Karma: 28
You answered your own question already: pain and suffering

I suppose the family could also cite expenses because one of the parents had to quit their job in order to care for the child.
May 18 2008 10:15PM
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tronnnnnnn
Posts: 736 - Karma: 14
i'm done arguing with you.  i know i am correct.  As i said earlier, if you are right, the insurance companies name will be on every document related to this case.  I am asking for you to show me one time they are mentioned.  one time and you're right.  They are never mentioned, because they do not exist..... i got my numbers from the lawsuit records, the amount asked for is 35$ million, for life-long medical expenses, $1 million for pain and suffering........ the names listed are the families, lousvilles slugger, sports authority and little league.  no mention of insurance anywhere.


May 18 2008 10:19PM
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tronnnnnnn
Posts: 736 - Karma: 14
aka suffering moron
May 18 2008 10:19PM
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fujarome
Posts: 8630 - Karma: 1,561
i don't think we can really make a full judgment simply because we don't know the entire story, and that article is quite clearly one sided (in my own opinion)

I bet they'll get some sympathy money, but not much. It could happen to anyone playing at any time and its a freak accident. It'll happen, that doesn't mean someone is to blame. Perhaps they can sue the batter for swinging so hard now too?

It somewhat bothers me, because when i was that age, i got nailed in the head with a hard line driving pitching, and it knocked me out instantly, and the ball was actually caught by my centerfielder. I went to the hospital, and they told me i had a concussion and all the crap that goes with that. Then the next day i went back to baseball. No need to sue for everything, granted that this kid is infinitely worse off.
May 18 2008 10:22PM
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RockandRollTroll
Posts: 1155 - Karma: 7
I hate metal baseball bats, although I hate these sort of lawsuits. Wooden bats would deter this happening to the kid perhaps, and in my opinion make the game better.
May 18 2008 10:24PM
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tronnnnnnn
Posts: 736 - Karma: 14
i'm a firm believer of playing at your own risk, they don't even need the signs saying it for me.  Whn i played little league, i got hit in the head, right on the ear, under the flap of the helmet a couple weeks after ear surgery.  Long story short, i have had 12 ear surgeries since then, and can barely hear out of my left ear.  I kne the risk of playing, and knew noone was any more at fault then i was.  as they say, if you play with matches, you may get burned.  this incident has caused my parents and our insurance companies tens of thousands of dollars, yet no lawsuit, or even the thought of one, from my family or insurance companies.  Accidents happen.  It sucks it was their child, but it had to cross their minds that something could possibly happen.
May 18 2008 10:26PM
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tronnnnnnn
Posts: 736 - Karma: 14
if you read the article.  there have been 8 of these cases on record with Little League baseball.  6 from wood bats, 2 from metal.  Don't think the bats are the problem, its the game.  We might as well just do away with little league and MLB to prevent this from occuring again.
May 18 2008 10:28PM
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pbandj
Posts: 5610 - Karma: 28
Different clauses in different states, but since you have access to those documents, I assume you live in Jersey so fine you win on that one

Also, had i had access to those legal documents, I would have been able to see that, however, I merely had to base my opinion of the claim off of that clearly biased article, which appears to be identical on every major news site online. So fine, you win, hats off to you hurray! 

However, you still did not back up any of your statements about universal health care.  So enlighten me. 

But just so we are clear, I agree that the lawsuit is bull shit and there are inherent risks while playing sports.  Louisville Slugger is no more at fault than the child who threw the pitch or the child that hit it, and that is clear.
May 18 2008 10:37PM
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tronnnnnnn
Posts: 736 - Karma: 14
i just obviously enjoy debate.  you do have access to all legal documents..... they are public records and anyone can view......

i'll leave the universal heathcare debate for another time.  I need a little research to be done beforehand.  I just feel the current system needs to be overhauled, but due to our political policies and the amount of lee-way possessed by big business such as pharmaceutical and insurance companies, it is not happening.  I know there are certain problems, but easily fixed ones.

Who says doctors income need to be lowered with universal healthcare?  they were not in the UK or Canada as far as I know.  in the UK, doctors make $250k us.  I know its a one-sided story, but ya seen Sicko?

It is rediculous that a prescription here costs $750, but is under $1 in foreign countries.  why is it that way? because the government allows it.  why does the gov't allow it?  because they are getting rich off of it as well.

to me, everything goes back to our political system.  In order to correct a lot of our problems, we would need to do away with political parties and the such.  There's no way to form a perfect world.
May 18 2008 10:50PM
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