Boy with brain damage from being hit with line drive, rewarded with $14.5M

[roorswervin]

[h1]Domalewski family to receive $14.5M[/h1]
A New Jersey teenager left brain-damaged after being struck by a line drive while he was playing in a youth baseball game will receive $14.5 million to settle his lawsuit against the bat manufacturer, Little League Baseball and a sporting goods chain.

The settlement of Steven Domalewski's lawsuit was announced in state Superior Court on Wednesday morning in Passaic County. The boy, now 18, lives in Wayne, N.J.

"The Domalewskis are still saddened by the tragic events of June 2006, but this settlement provides them with some relief and comfort that Steven will get the care he needs for the rest of his life," said the family's attorney, Ernest Fronzuto. "He still can't perform any functions of daily life on his own."

Fronzuto said the settlement precluded him from discussing its details, including whether any of the defendants admitted liability.

Domalewski was pitching when the batter rocketed a line drive off the metal bat he was swinging.

The ball slammed into Steven's chest, just above his heart, knocking him backward. He clutched his chest, then made a motion to reach for the ball on the ground to pick it up and throw to first base to get the runner out.

But he never made it that far. The ball had struck his chest at the precise millisecond between heartbeats, sending him into cardiac arrest, according to his doctors. He crumpled to the ground and stopped breathing.

His father, Joseph, a teacher who had been on the sideline with the rest of the team, said he and a third base coach from the other team both ran onto the field, where Steven was already turning blue.

Someone yelled, "Call 911!" Within 90 seconds, a man trained in cardiopulmonary resuscitation who had been playing catch with his 9-year-old daughter jumped over the fence and started to work on Steven.

Paramedics, who were a quarter-mile away doing a CPR demonstration, got to Steven within minutes, placed an oxygen mask over his face and rushed him to a hospital. But the damage had been done; his brain had been without oxygen for 15 to 20 minutes.

"Pretty much, he died," Joseph Domalewski said in a 2008 interview with The Associated Press. "It was just so fast. The thud, you could hear. When it hit him, that seemed to echo."

Domalewski was playing in a Police Athletic League game, but Little League was sued because the group certifies that specific metal bats are approved for -- and safe for -- use in games involving children.

Rick Redman, a spokesman for Hillerich and Bradsby, manufacturers of the Louisville Slugger brand bat, confirmed a settlement had been reached, but declined further comment.

An attorney representing The Sports Authority, the national sporting goods retailer, did not immediately return calls seeking comment, and an attorney who represented Little League Baseball in the case declined to comment.

Little League reached an agreement with the major manufacturers in the early 1990s to limit metal bats' performance to that of the best wooden bats. On its website, Little League said injuries to its pitchers fell from 145 a year before the accord was reached to the current level of about 20 to 30 annually.

Little League also said on its website that it has banned most metal bats for younger children for the 2012 season, although certain ones found to meet the organization's testing standards are allowed to be used. League divisions for older players can use metal bats subject to certain weight and size limits.

What do you guys think about this?  I personally have very mixed feelings about this huge monetary settlement. 

 

[mmg]

Honestly, this was a freak accident and I hate when people sue just to sue, I'm all for the company's paying for the kids bills / making sure he lives comfortable for the rest of his life, but 14 Millie ? He can't enjoy that, that's not going to him , it's going to his fam, what happens the next time a line drive drops a pitcher? He's going to sue the hitter? Or how about when pitcher throws out his arm? He's suing the coach?

 

[Johnny_Cakes]

Honestly, this was a freak accident and I hate when people sue just to sue, I'm all for the company's paying for the kids bills / making sure he lives comfortable for the rest of his life, but 14 Millie ? He can't enjoy that, that's not going to him , it's going to his fam, what happens the next time a line drive drops a pitcher? He's going to sue the hitter? Or how about when pitcher throws out his arm? He's suing the coach?

I agree, these lawsuits are unfairly hurting the game. Take care of medical bills, ensure the boy lives as comfortably as possible, but that's all Little League should be required to do.

 

[kdawg]

I agree. It was a terrible accident - and if it was in a league type thing then they should have insurance to cover his medical care (which in a case like this can be for the rest of their life) - but I'm not sure about suing everyone you can think of. I'm not sure that his injury couldn't have happened with a wooden bat or any other number if implements - and it's not directly the fault of the manufacturer when these things happen.

 

[shannonscrooks]

They need to change the dimensions of these god damn fields.

 

[roorswervin]

They need to change the dimensions of these god damn fields.

Disagree strongly.

 

[jhawk826]

I don't agree with the verdict because it sets a bad precedent that will surely be exploited. The kid is practically a vegetable and will need 24/7 nursing care so I'd hope that the 14.5 mil (before appeals) is used to his benefit. It isn't the manufacturers fault that he suffered a freak injury. Having played football growing up, I've seen everything from concussions, to separated shoulders and broken ankles. Should the parents sue Riddell, Nike and Schutt because their equipment resulted in an injury? No. Injury is an unfortunate part of the game and its why sports leagues make sure that an insurance policy covers the team just in case stuff like this happens. As a result of this, we're going to see leagues make parents and children sign waivers in order to play if they haven't already.

Sidenote, I don't like the use of metal bats period in baseball whether it be little league or college. The ping sends chills down my spine for all the wrong reasons.

 

[Bert.]

what? against the bat manufacturer? how is that even possible

 

[shannonscrooks]

Disagree strongly.

When's the last time you set foot on one of those fields? Its ridiculous.

Watch the little league world series, these kids and equipment are outgrowing these ****** fields.

 

[freeze]

smh. injuries happen in sports. its unfortunate that one this extreme happened, but Little League Inc. isn't liable for this situation imo. holla at me when they discover how to control physics. i hope they appeal. this is nonsense.

 

[rawex5]

Feel bad for the kid, but, come on.

 

[wallyhopp]

That's a great team of lawyers. They'll likely get $4 million of that.. I'm surprised they didn't sue the hat company, the clothing company, the sock company, and the food company because each one of those entities in some small way limited his reaction time to move out of the way when the ball came his way. Sue the dad for giving his son bad reaction time genes.

I agree with the others. Help out any way you can with this freak accident. But beyond that, craziness

 

[fraij da 5 11]

That's a great team of lawyers. They'll likely get $4 million of that.. I'm surprised they didn't sue the hat company, the clothing company, the sock company, and the food company because each one of those entities in some small way limited his reaction time to move out of the way when the ball came his way. Sue the dad for giving his son bad reaction time genes.

I agree with the others. Help out any way you can with this freak accident. But beyond that, craziness

My boy works for Marsh in NYC and he told me today he saw a case where Lawyers are looking into the grounds under which they could sue someone who texted another person involved in an accident.  Its insane what these guys try to do now...

 

[roorswervin]

When's the last time you set foot on one of those fields? Its ridiculous.
Watch the little league world series, these kids and equipment are outgrowing these ****** fields.

Not to be a ****, but the last time I set foot on a Little League field is probably a lot more recently than you have.

I have been watching the LLWS, and quite frankly, there is very little difference now than ever.  Especially since certain types of bats have been outlawed.  If you were going to make this argument 5 years ago, fine, I wouldnt argue with you.  But now, its different.  BBCOR certified bats have substantially less pop, and is leveling the playing field substantially.  The speed the ball comes off the bat is a lot slower than in 2006 (the year which this kid got hit with a ball). 

So you think the fields should be bigger.  You think that 10 and 11 year olds should be playing on big fields?  I couldnt disagree more.

 

[dland24]

I think this lawsuit is ridiculous. Even agreeing to pay for the kids medical bills is kind of OD in my opinion. Its not the batmakers fault.

I do feel bad for the kid though. Such an unfortunate accident.

 

[dmxfury]

If it was the leagues responsibility to check bats and make sure all were 'to code' then there is responsibility there. Not surprised at the suit, just the verdict really. And I'm sure the lawyers named all the manufacturers/companies they could and then they are thrown out one by one. The amount of suits filed is probably the same that it has always been, the verdicts have just gotten more liberal and more payouts are required (very dependent on the state). This is why your insurance costs are going up (well this and mother nature past 2 years). Companies aren't breaking even with premiums vs claims. Keep that in mind next time you renew your policy, don't yell at your agent!

 

[teamcharisma69]

The last time I played baseball, I got hit on the side of the head by a bat. This article just reminds me of how much I hate baseball, such a boring sport.

 

[dland24]

The last time I played baseball, I got hit on the side of the head by a bat. This article just reminds me of how much I hate baseball, such a boring sport.

Unless the bat was thrown, you probably should have been paying attention and not walked by a guy swinging a bat.

If it was the leagues responsibility to check bats and make sure all were 'to code' then there is responsibility there.

Right, but then the lawsuit would have been directed at the league and/or the umpire, not the bat company.

 

[dmxfury]

Which is why I'm confused on why they were part of the ruling. I'm missing the duty owed/duty breached from them...

 

[teamcharisma69]

Unless the bat was thrown, you probably should have been paying attention and not walked by a guy swinging a bat.
Right, but then the lawsuit would have been directed at the league and/or the umpire, not the bat company.

I was catcher and the frickin batter swung at me lol and probably should have mentioned I was like 6 then so it's beena good many years since I played baseball.

 

[nationaltruckerdave]

He won

 

[Gex the Damaja]

He won

Nah, No money in the world will replace what he lost.

 

[cubanref]

Don't know how I feel about the settlement...seems like a freak accident and the lawyers just took advantage of the situation they were given. Sucks what happened to him though :\

On another note this is why I'm against aluminum bats ....I know they last longer but change the rules and let kids use bamboo or composite wood bats. It's just a lot safer and parents don't have to worry about a kid getting drilled in the head with a 150mph ball coming off an aluminum bat

 

[Mark Antony]

He won

the bat manufacturer though? that's also sad if they're a small company.

 

[scotthallwithapick]

That sound when an aluminum bat hits a ball just sounds like danger