High-Performance Aluminum Bat Blamed In Lawsuit

Greg Webb
Attorney
(866) 735-1102 Ext 530
Posted by Greg WebbJune 30, 2008 9:00 AM
Tags: None

A New Jersey teen, Steven Domalewski, and his family sued Hillerich & Bradsby Co., claiming an aluminum bat manufactured by the company caused him serious injuries. The lawsuit also named Little League Baseball Inc., who approved the bat for play, and Sports Authority, the company who sold the baseball bat, as defendants. The boy, who was playing the position of pitcher at the time, was hit in the chest by a fast-flying baseball, stopping his heart and causing a lack of oxygen to the brain for fifteen to twenty minutes. This lack of oxygen resulted in significant brain damage.

The batter was using a YB504 Louisville Slugger TPX Platinum aluminum alloy bat. The complaint alleges these high-performance metal bats create increased exit speeds when compared to wooden bats, which reduce a player’s reaction time. It also claims the bat was a defective product under the New Jersey Product Liability Act, stating claims of fraud, breach of express and implied warranties, and negligence. The plaintiffs assert the defendants committed fraud by claiming that the bats are safe when they really are not. Little League Inc., however, claims they hold their players’ safety above everything else and that the assertions by the Domalewskis are false; non-wooden bats are as safe as wooden bats. Hillerich & Bradsby also issued a statement saying their bat is not to blame. They claim injuries in baseball like Steven’s, though rare, have occurred more from thrown or pitched balls than batted balls. Controversy over the safety of non-wooden bats extends back twenty to thirty years

1 Comment

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

Mike May
Posted by Mike May
June 30, 2008 12:50 PM

6650 West Indiantown Road
Suite 220
Jupiter, Florida 33458
561-427-0657 (office)
561-427-0648 (fax)
mmay@sgma.com
More ... " rel="nofollow">More ...

June 30, 2008

Mr. Greg Webb
InjuryBoard.com

Dear Greg:

I enjoyed reading your story -- "High-Performance Aluminum Bat Blamed in Lawsuit" -- on-line which touched on the 'wood vs. non-wood' bat issue. I represent a coalition in the baseball industry known as Don't Take My Bat Away, which is supported by players, coaches, fans, parents, bat makers, and associations such as USA Baseball, Little League Baseball, Babe Ruth Baseball, American Legion Baseball, PONY Baseball, among others. It is a group that supports "bat of choice" when it comes to selecting the type of bat one uses in the games of baseball and softball.

While we all feel a deep sense of sorrow and compassion for Steven Domalewski and his family, the implication that the ball comes off a metal bat at a faster speed than it does off a wood bat has no validity. The third-party research noted below supports that conclusion:

1) Since 2003, metal bats used in high schools and colleges have been scientifically regulated so that the speed of the batted balls off metal bats is comparable to that of the best major league wood bat. This standard has been adopted by the NCAA and the National Federation of State High School Associations.

2.) Bats used at the Little League level are governed by the BPF Standard which dictates that the rebound effect of the batted ball off non-wood bats cannot exceed the rebound effect of the batted ball off a wood bat. These standards (both BESR and BPF) are presented to bat makers which they must follow.

3.) A 2007 study on the "Non-Wood vs. Wood Bats" by Illinois State University concluded that "there was no statistically significant evidence that non-wood bats result in an increased incidence of severity of injury."

4.) In 2002 (before the current standards were implemented), the Consumer Product Safety Commission (CPSC) stated "Available incident data are not sufficient to indicate that non-wood bats may pose an unreasonable risk of injury." (April 5, 2002) Obviously, since then, new regulations have been put in place to reduce the performance ability of bats even more.

And, in the 2006 College World Series (where a metal bat by today's standards was used), the batting average in all games was .277, the average number of home runs per game was 0.82, and the average number of runs per game per team was 5.2. In the 2006 American League season (where a wood bat was used), the batting average in all games was .275, the average number of home runs per game was 1.12, and the average number of runs per game per team was 5.2. As you can see, it's virtually identical -- with different bats.

As for the situation in New York City and the legislation sponsored by Councilman James Oddo which banned metal baseball bats at the high school level, well, the basis for his bill was “safety,” but Oddo could not generate any statistical data indicating that baseball with a metal bat is a threat to the well-being of the players on the field. When the matter went to a New York City court, the judge told Oddo that there was no “empirical evidence” proving his case, but the judge allowed the metal bat ban to be implemented because Councilmen do have the right to pass such a bill if they feel like it. Oddo’s case was purely based on anecdotal opinions.

I would also encourage you to visit our website (DTMBA.com) and watch a video where there's an independent test on exit speeds of baseballs off wood and non-wood/metal bats. Once you get to our website, click on the "In the News" section. There's a still picture of one of the players in the "test" video and a clickable link which will enable you to watch the short segment -- about two minutes long.

Sincerely,


Mike May
Don't Take My Bat Away
6650 West Indiantown Road -- Suite 220
Jupiter, FL 33458
p: 561.427.0657
c: 561.317.6111
mmay@sgma.com
More ... " rel="nofollow">More ...

Comments for this article are closed.

Subscribe to InjuryBoard Charlottesville

InjuryBoard Charlottesville RSS Feeds

Keep up with the latest updates using your favorite RSS reader

Injury Board Charlottesville is brought to you by Michie Hamlett Lowry Rasmussen and Tweel

Legal Assistance Center

More Info
Michie Hamlett Lowry Rasmussen and Tweel 866-735-1102 x 530 www.michiehamlett.com/
google
Personal Injury Lawyers Serving: Charlottesville, Roanoake, Danville, Bedford, Covington, Culpeper, Farmville, Harrisonburg, Interstate 81, Lexington, Louisa, Lynchburg, Smith Mountain Lake, Staunton, Waynesboro, Winchester
500 Court SquareSuite 300, Charlottesville, Virginia 22902 [ Show Map ]120 Day Avenue SW, Roanoke, Virginia 24016 [ Show Map ]
Better Business Bureau Accredited Business Confidential

Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.

Looking for an InjuryBoard attorney closer to home? Click here.

Subscribe to Blog Updates

Enter your email address if you would like to receive email notifications when comments are made on this post.

Email address