A lawsuit filed by a family in New Jersey settled this week for $14.5 million. The personal injury lawsuit was filedon behalf of a boy who was pitching in a Little League game in 2006. A batter using a metal bat hit the ball with such force that it struck the pitcher in the chest. The blow caused the 12-year old to have a heart attack and it cut off the boy’s oxygen long enough that he suffered severe brain damage. At 18 years old, he now requires 24 hour care.
The family of Stephen Domalewski sued Little League Baseball, the manufacturer of Louisville Slugger bats and the sporting goods chain The Sports Authority, claiming that it was dangerous to allow the metal bat to have been used because it can hit balls at greater speeds than wooden bats. The family sought damages to cover the perpetual care that their son now requires just to perform basic life functions.
The details were not disclosed, but the $14.5 million settlement has surprised some in the sports world, considering there is imminent risk whenever you play a sport. But the history of metal bats and previous actions in the early 1990s that Louisville Slugger took to limit the performance of metal bats was reversed in the mid-2000s. Since at one point the bat manufacturer obviously was willing to help limit the risk of injury, something apparently changed. Obviously the attorney in the case was able to show negligence on behalf of the manufacturer, the store the sold the bat, and Little League Baseball.
When organizations have the ability to reduce the potential for injury to a child and they don’t do it, an attorney has a case. At the Law Offices of David Van Sant, we applaud efforts like this to make manufacturers responsible for their choices. Society is better off when those who have been injured due to no fault of their own can receive the help they need. In this case, that help involves 24 hour care. It doesn’t even begin to touch the pain and suffering that this family has already dealt with and that it will continue to deal with for the rest of the young boy’s life.
If you have been wrongfully injured in an accident, you need the assistance of a competent personal injury attorney. In Georgia, you need the services of David Van Sant. Contact Mr. Van Sant for help with your personal injury case today.