Quote:
Originally Posted by mbcrowder
I don't see how the batmaker can be held responsible. I CAN see how the league and/or organization might be held responsible for not restricting bat specs enough to keep things safe (although I'd be against them on that argument), but legally, what did Easton do that might be considered illegal?
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Because being good americans, people not only have a right, but an obligation to get as much free money as possible regardless of the source!!
It IS frivilous and any intelligent judge wouldn't accept the case. Wait a minute, did I just use an oxymoron? Well, as our litigious society has proven there seem to be a lot of judges out there who cannot make an intelligent judgment and lawsuits go from valid claims to pity-parties that make little effort to prove fault and rely on the emotions of the jury.
The lawsuit is absurd and if I'm on Easton's legal staff, I'm looking for a countersuit to hold those who provided the gun....er, bat and put it in the batter's hands. I would also research the league and coach to determine if there was any reasonable effort to coach the pitcher to field his position. I would also look at the glove he was wearing. Was it an appropriate sized glove or something oversized and heavy which made it difficult to manuever and use to field the ball.
Then there is LL. Is the bat legal? If so, why isn't the responsible party held accountable for allowing the gun....er, bat in the game?
What it all comes down to, at least in my mind as a juror, would be can they prove that it was this particular type of bat that effected an injury that would not have occurred otherwise. IOW, can they prove the same incident would not have occurred if it was a wood bat?
Let the insurance companies sue the **** out of each other and maybe someday a lightbulb will go off about how ludicrous it is just going around in circles.
Come to think of it, if you really want to solve the problem, stop carrying insurance. If there is no insurance, there is no target worth going after in these ridiculous cases.
Yeah, I know that is just as ridiculous, but how did anyone survive 60 years ago before litigation became a full-time sport?