Just Don't Do It...

[WhatWuzThatBlue]

Every once in a while I get sidetracked from my intended purpose with regards to this board. I have long enjoyed teaching the newbies and redirecting the veterans. I saw this article and figured it was as timely as anything:

Originally Posted by DenverPost

Article Launched: 04/21/2006 01:00:00 AM MDT

Lawsuit against umpire back in play
By Howard Pankratz
Denver Post Staff Writer



As a 10-year-old, Austin Wright was hit by a flying baseball bat as he stood in the on-deck circle waiting to bat.

The bat shattered five of his permanent teeth and cut his upper lip.

Years later in 2004, when he became an adult, Wright filed a lawsuit against the umpire who tossed the bat at the May 1995 game of the Jefferson County Junior Baseball League.

The league said the umpire tossed the bat so a player running from third to home wouldn't trip over it.

The league said neither it nor the umpire had any liability because Wright's father had signed a waiver releasing the league from any claims of negligence or injury to his son.

Jefferson County District Judge Margie Enquist agreed and dismissed the lawsuit before it went to trial.

But the Colorado Court of Appeals reversed Enquist on Thursday and said the case should proceed to trial.

Appellate Judge Daniel Taubman said Colorado law specifically says that such waivers don't exempt those who act in grossly negligent or willful or wanton ways.

Taubman wrote that there were any number of ways the ump - who in the lawsuit is known as John Doe and is now the only defendant - could have acted in a willful and wanton manner.

"If a base runner had been approaching home plate, Doe's conduct may have been negligent because he might have simply thrown the bat in a manner that a reasonably careful person under the same pressure to prevent an injury would not have done," Taubman said.
The ump's conduct also may have been willful and wanton, if on seeing the runner, he grabbed the bat and consciously decided to throw it into the on-deck circle without regard to whether he'd injure someone, the opinion said.

Tony Leffert, the lawyer defending the umpire, said umpires throw bats out of the way all the time.

"I will tell you that I've probably seen umpires pick up a bat and throw it out of the base path at least 100 times. It happens at least once every game, if not more. It is a common occurrence," Leffert said.

"This umpire is someone who arguably got paid, but they are paid a minimum value to umpire games for kids. To make an allegation and to pursue a claim that the umpire intentionally is throwing a bat at kids and hitting them (is) frankly ... outrageous," he said.

Staff writer Howard Pankratz can be reached at 303-820-1939 or [email protected].

What's the lesson here?

[bossman72]

Slide the bat on the ground!!!

[BigUmp56]

Oh, I thought you sais he threw the brat!







Tim.

[mick]

Originally Posted by WhatWuzThatBlue

Every once in a while I get sidetracked from my intended purpose with regards to this board. I have long enjoyed teaching the newbies and redirecting the veterans. I saw this article and figured it was as timely as anything:


What's the lesson here?

I don't generally touch the bat unless it hits me.
Are there proper guidelines to follow?
I dunno.
mick

[BigUmp56]

Mick:

If a play at the plate is imminent and provided you have the time to do it just position yourself over the bat with it centered between your legs. Then bend down and simply slide it backwards between your legs, all the while keeping your eyes on the developing play.

Tim.

[mick]

Originally Posted by BigUmp56

Mick:

If a play at the plate is imminent and provided you have the time to do it just position yourself over the bat with it centered between your legs. Then bend down and simply slide it backwards between your legs, all the while keeping your eyes on the developing play.

Tim.

So..., that is a safety issue that we are advised to follow as a matter of practicality, to avoid potential injury ?

I assume the bat oughta be in a 6'-8' distance from the plate?
mick

[BigUmp56]

Originally Posted by mick

So..., that is a safety issue that we are advised to follow as a matter of practicality, to avoid potential injury ?

I assume the bat oughta be in a 6'-8' distance from the plate?
mick

I think it is, especially at the youth level. It's not very often I have to clear a bat for the players who shave though. The catcher usually takes care of it.

As far as the distance goes, out of the way is out of the way.


Tim.

[DG]

I give it a shove with my foot. Place your foot near the big end on the opposite side of where you want it to go and then sweep your foot in that direction you want it to go. It generally moves 3-4 feet, and on the ground.

[mick]

Originally Posted by BigUmp56

I think it is, especially at the youth level. It's not very often I have to clear a bat for the players who shave though. The catcher usually takes care of it.

As far as the distance goes, out of the way is out of the way.


Tim.

Okay.

By my 6'-8' vicinity. I should have said:

If the bat is farther away than 6'-8', even if it's in the infield, I'd like to forget it, but should I.

mick

[DG]

I only worry about a bat that is anywhere near an advancing runner's basepath. If he steps on it he could break an ankle or foot. If it is out of a runner's way, I don't worry about it.

[Rich Ives]

Gee - what kind of legal system lets you wait nine years to file suit? That usually is only allowable if it took that long to discover the damages - and I suspect that the discovery was pretty instant in this case.

And people wonder why LL prohibits on deck hitters . . . .

[nickrego]

I don't mess with bats or other equipment.

The last thing I want to have happen, is to miss something, or get tangled up with a player while I am reaching for a bat (or other equipment). Or I guess, hit another player with the equipment I am moving.

Good lesson to be learned here, especially for us in California. Like Colorado, this is a sue happy state, with judges that want to keep their lawyer friends in business, and an appellate court that wants everything to go to trial. Forget common sense, and forget what is the right thing to do.

Unless you have video of this umpire picking up the bat, looking directly at the kid in the on deck circle, taking aim, and letting it fly purposely at the player, this thing should not go to trial. My guess is the umpire felt absolutely awful about it when it happened, and would have done anything to take that bat in the head himself instead. This player simply sounds like a person who has failed at making their own way in life, and is now going to try to steal someone else's accomplishments to fund their own future.

[mick]

Originally Posted by DG

I only worry about a bat that is anywhere near an advancing runner's basepath. If he steps on it he could break an ankle or foot. If it is out of a runner's way, I don't worry about it.

That sorta works, DG.
But if we protect the runner why not then protect F1, F2 or Fn ?
I don't disagree with you, I just wonder where it stops.
mick

[DG]

Originally Posted by mick

That sorta works, DG.
But if we protect the runner why not then protect F1, F2 or Fn ?
I don't disagree with you, I just wonder where it stops.
mick

The catcher is generally setting up for a throw at the plate and the bat poses no danger to him. The pitcher is generally running around the home plate area to back up the throw home and the bat poses no danger to him either. Both have plenty of time to see it, the catcher will often move it himself. The runner is the only one who is running hard toward HP and if a bat is in his way it is more hazardous to him than to the catcher or the pitcher.

[SanDiegoSteve]

The umpire should clear the bat only if time permits. His plays come first. Nothing wrong with cash game umpires. I don't umpire for free myself, and I don't act that way. This guy sounded like a butt, and nearly maimed you with the bat, so I see your point. An umpire should also be there because he loves baseball. If you don't enjoy umpiring, you should find something else to do.