8_batsCan you pick the offender out of a lineup?

After 12 hours of deliberation, a jury sided with the parents of former Miles City American Legion baseball pitcher Brandon Patch in a civil suit over the player’s death during a 2003 game in Helena. Aluminum bat maker Hillerich & Bradsby Co. failed to provide adequate warning as to the dangers of the bat used by a Helena Senators player during the game, at least eight of the 12 Lewis and Clark County jurors agreed Wednesday.

Hillerich & Bradsby Co. was ordered to pay $792,000 to Patch’s estate, which is represented by his mother, Debbie Patch, who filed the suit. Those funds were allotted to cover the lost earnings Patch would have made had he lived, and the pain he suffered from the injury before he died about four hours after being struck in the temple with a batted ball.

“This was for Brandon and the kids on the field,” Debbie Patch said after hearing the ruling. “We just hoped we could get the truth out for more people to see.” In the verdict read in District Judge Kathy Seeley’s courtroom, the jurors found the company, which makes Louisville Slugger bats, liable for failing to warn users of the danger of its aluminum bats and that this failure caused the accident that killed 18-year-old Patch. Duane Patch shook and sobbed as the verdict was read. He clutched his wife in an embrace as they both wiped tears, and he repeatedly pointed to the sky, as if to his son.

That’s a grand slam, Duane Patch said as he hugged one of the family’s attorneys.

Are you kidding me? How about the maker of the ball? Who was it that said “Let’s kill all the lawyers…we’ll kill them tonight”.




  1. Thinker says:

    Man, can this sort of thing get appealed??
    Its like sueing an auto company because some guy in a Prius, or Lexus ran over your dog…

    Not to be insensitive to the family, but puh leeese get real!

  2. RollingEyes says:

    So, let me get this right… the stereotype regarding americans and frivolous lawsuits is completely true?

    I think we are seeing the end of the “American Empire” such as it is… It’ll only get worse in the upcoming decades.

    I predict a collapse of the value of the dollar, higher unemployment as most manufacturing leaves for cheaper labour countries, foreclosures, more bankruptcies due to outrageous health expenses, etc., etc.

    All the symptoms are falling into place.

    You were a grand old country at one time, but sadly you seem to be your own worst enemy.

  3. RTaylor says:

    How are you ever going to get tort reform when a bunch of lawyers (Congress) has to vote it into law?

  4. mike l says:

    This kid knowingly acted as a pitcher on a mound that is much closer to a batter than any other position. He had to know the risk of getting hit was higher. I can speak from experience as a 9 year old kid I pitched for about 3 games until I got slammed in the face by a line drive. It was my fault for not reacting fast enough. After that I was relegated to right field to chase butterflies for the rest of the season because I was afraid of the ball hitting me in the face. If you want to play the game, you have to take the risks.

    These people make me sick. $700k will not bring their kid back. They know that the batter does not have deep pockets, the league doesn’t either, so let’s go after corporate America and screw the faceless people that make a bat. As a business owner I understand the risks of operating and every day pray that some bonehead doesn’t roll the dice and sue my firm into extinction for this kind of crap.

    Shame on the jury. Shame on the families lawyer, shame on the judge for not throwing it out, shame on the whole system.

  5. dude984 says:

    It was The Eagles who said
    “Kill all the lawyers, kill ’em tonight!”
    -Get Over It from the album Hell Freezes Over

    [Yes..I was hoping someone would get this – ed.]

  6. Wretched Gnu says:

    Well, a more obvious way that Shakespeare was being ironic with the “kill all the lawyers” line is that the buffoon uttering it is an illiterate dolt who thinks that anybody who can read (like lawyers) is plotting against him.

  7. elangomatt says:

    How bout all little leagues and college teams have to start using whiffle balls and bats? That’ll keep the kids safe!

    I know it is a proven fact that the ball speed is higher coming off of a aluminum bat than a wooden bat, but would the difference in time really be statistically significant on a line drive hit back to the pitcher? Sounds like a mission from the mythbusters? Too bad they had a ton of trouble with the corked bat episode so I would be surprised if they ever tried another baseball bat myth (not to mention the fact that their results from the corked bat myth were ambiguous at best)

  8. Dale says:

    Fuckin’ lawyers…

    If you’re too stupid to see that there are inherent dangers in hitting a ball with any sort of stick you are probably already too dain brammaged to be helped by a warning label anyways.

    And the problem with any sort of tort reform legislation is that it will be drafted by and for lawyers. The foxes are guarding the hen house and there’s nothing anyone can do about it now that doesn’t involve gunplay, I fear.

  9. Mike D says:

    Mac Guy #26, an ump, appears to know actual details of this- I don’t, but I DO know that there are aluminum bat designs that ARE dangerous. Double walled bats that have a trampoline affect and can leave a pitcher defenseless. A ball thrown at a stationary bat in a vise can rebound off this type of bat faster than it approached it. If such a bat was used in this incident, I think the award is just. If not, the award is a farce.
    On a side issue – I’ve umped for 9 year old kids for the last 25 years. Every year managers implore me to move the pitcher closer to the plate to cut down on walks as these kids are just learning to pitch. I refuse because I hate the sight of children bleeding. I hope the distance to the pitching rubber in this incident was measured or it was the League that should’ve been sued.

  10. t0llyb0ng says:

    See who got left holding the liability bag? Of course: the deep pocket. One might have even expected a 7 million dollar verdict, not just 700K.

    Our legal system is a powerful magnet for absurdities. Always has been, probably always will be.

    Plaintiff “victims” get to keep some of the money. Lawyer’s kid’s college is now paid for. They all so sad, cryin’ all the way to the bank.

  11. Mr. Fusion says:

    #40, Mike D,

    Double walled bats that have a trampoline affect and can leave a pitcher defenseless.

    There has been no established performance difference between aluminum bats and wood bats. EXCEPT, wood has a nasty habit of splintering into many pieces at times, sometimes sending large chunks at the pitcher. Aluminum bats do cost more but last much longer. They are equal in elasticity when hitting the ball.Their sweet spot is larger but it still has to be hit.

    If such a bat was used in this incident, I think the award is just. If not, the award is a farce.

    How on earth a bat could make enough of a difference between the pitcher being hit or not truly boggles the mind. My kid plays and is a very good hitter. We work out on hitting HARD; among the hardest in the league. Is my kid comparable to a singles hitter? No, of course not. When she does hit a line drive it usually ties up the kid who tries to catch it. Oh, and her bat is an aluminum Easton that cost about $45 new.

    Every year when we sign up, we also sign a waiver that we accept the responsibility that the player might be injured. I think such a waiver might have been missed in this case.

    Every year managers implore me to move the pitcher closer to the plate to cut down on walks as these kids are just learning to pitch. I refuse because I hate the sight of children bleeding.

    Something just gave you away as a troll. You, as an umpire, have no jurisdiction over this and every Manager knows it. ALL dimensions are stipulated by the sanctioning body, not the field official(s), teams, or even the league. If you want the Little League or ASA to sanction your league, you must follow their rules.

    Your other give away is you only umpire 9 y/o. No. Umpires officiate levels, not ages.

    I really hate it when trolls pretend to be experts.

  12. Mike D says:

    Mr Fusion – there’s nothing wrong with with most aluminum bats.
    There are many advantages to aluminum and some disadvantages to wood. BUT there are some aluminum bat designs that are dangerous. If you think that’s impossible just look at the escalating tennis racquet technology, for instance – or golf clubs.

    There are thousands of leagues – don’t pretend to know how every one is setup. The last non-competitive division of the Greenwich Village LL is the Minors and I have been in charge of it and it’s umpires for 25 years. We use modified rules that I have developed over the years with the consent and approval of the Board, of which I am a member. The managers have come up from coach-pitch where the rules are extremely loose. I don’t pretend that the hippy-dippy Village is typical, but we are a chartered Little League of 60 teams and a well respected one, too.

    As I understand trolls, they try to incite – often by calling people names.
    One of my favorite John Wayne lines is his sarcastic “It’s nice to be sure”.
    I really dislike it when people are so sure of their opinions that they consider them to be facts.
    One of the best traits an ump can have is the ability to tell a player or coach “I may be wrong, but that’s how I saw it.”
    It is my opinion that metal bats can be designed to propel a baseball to dangerous speeds.
    If you think that makes me a troll, well – you’re entitled to your opinion. If you think it’s a fact, well – “It’s nice to be sure” . . .

  13. Mr. Fusion says:

    #43, Mike,

    This is why I doubt you.

    You said,

    The last non-competitive division of the Greenwich Village LL is the Minors and I have been in charge of it and it’s umpires for 25 years. We use modified rules that I have developed over the years with the consent and approval of the Board, of which I am a member.

    so, let’s see what the rule book says.

    When a league applies for its annual charter with Little League, it pledges to abide by all the rules and regulations of Little League. However, under special circumstances, it may become necessary to apply for a temporary waiver of a rule or regulation.

    It is very important to remember that a league must not take any action contrary to Little League rules and regulations until receiving expressed, written permission through the Charter Committee waiver system. A waiver request, while it may be supported by documents from the parent(s), may be submitted only through the proper chain of command. A league wishing to apply for a waiver of a rule or regulation must do so via the following method:

    1. The local league Board of Directors votes whether or not to request the waiver.
    2. If the local league Board of Directors votes to request the waiver, the President writes a letter, detailing the request. Supporting documents should be attached, and forwarded to the District Administrator.
    3. The District Administrator includes his/her written opinion, and forwards all documents to the Regional Director.
    4. The Regional Director will present the situation to the Charter Committee for action.
    5. The Charter Committee will inform the Regional Director of its decision, and the Regional Director will inform the District Administrator

    Then, you claim the minor level is the highest. According to the web site, there are several levels above minors, including “Big Leagues”. I’m sure you can find it at “greenwichvillagelittleleague.org/”

    Third, although the use of “Coach Pitching” is a local decision, you have to be effen nuts NOT to use a pitching machine. There are several models available that are very consistent, robust, and inexpensive for most budgets. Our own league uses spring machines.

    I may only use one link or it gets held by the SPAM catcher.

  14. Mr. Fusion says:

    #43, Mike, cont.

    As for aluminum vs wood bats,

    BUT there are some aluminum bat designs that are dangerous.

    well, USA Baseball’s Youth Committee Issues Statement on Non-Wood Bats

    PERCEPTION: Aluminum bats are more dangerous than wood bats.

    The National Consumer Product Safety Commission studied this issue and concluded in 2002 that there is no evidence to suggest that aluminum bats pose any greater risk than wood bats. Multiple amateur baseball governing bodies, including the NCAA, National High School Federation, Little League International, PONY, et al, all track safety statistics and have concluded that aluminum bats do not pose a safety risk.

    PERCEPTION: Balls come off aluminum bats faster than wood.

    Since 2003, all bats are required to meet the “Bat Exit Speed Ratio” (BESR) performance limitation, which ensures that aluminum bats do not hit the ball any harder than the best wood bats.

    PERCEPTION: Injuries from aluminum bats are more severe than with wood bats.

    Two out of the three deaths from a batted ball in the last decade came from wood bats. Dr. Frederick Mueller, Director of the National Center for Catastrophic Sports Injury Research, has indicated from his studies that catastrophic injuries from wood bats may be more frequent than aluminum bats.

    PERCEPTION: The Brown University study proves that aluminum bats hit the ball harder than wood bats.

    This study is irrelevant by today’s standards. All of the bats used in the Brown study would not be allowed to be used today, because they do not meet the BESR standard.

    PERCEPTION: The use of aluminum bats places children at an unacceptable risk of injury.

    A study from the National Center for Catastrophic Sports Injury Research shows that there have been only 15 catastrophic batted ball injuries to pitchers out of more than 9,500,000 high school and college participants since 1982.

    During the last five years a number of states, individual organizations, city councils, and others have proposed the banning of metal baseball bats on a number of different levels. These actions have typically been in reaction to a catastrophic injury as opposed to being based on creditable injury data or research. In May of 2002 the Consumer Product Safety Commission stated, “The Commission is not aware of any information that injuries produced by balls batted with non-wood bats are more severe than those involving wood bats”. This statement was true in 2002 and it is true in 2007.

    The Medical/Safety Advisory Committee of USA Baseball was initiated due to the lack of injury data needed to make decisions affecting the safety of baseball participants. Prior to 2005 there has not been significant research comparing injuries to baseball pitchers from metal bats versus wood bats. In 2005 the USA Baseball Medical/Safety Committee initiated a three year research project comparing line drive baseball injuries to pitchers from metal bats and wood bats. Metal bat injury data were taken from the National Collegiate Athletic Association (NCAA) Injury Surveillance System and wood bat injury data collected from college summer leagues (NCAA recognized college summer league teams all use wood bats).

    After two years (2005 and 2006) of collecting batted ball injury data to the pitcher from 93 NCAA college baseball teams and 246 college summer league teams there have only been 17 injuries to NCAA college pitchers and 15 injuries to college summer league pitchers. Only 32 injuries after 331,821 balls were hit into play (Balls hit into play are calculated by taking the number of at bats and subtracting strike outs and bases on balls). The injuries in the summer leagues were more severe than the NCAA injuries. One-third of the summer league injuries involved the head and face as opposed to none in the NCAA. The third year of the study will be completed in 2007.

    What this data does indicate is that injuries to the pitcher from batted balls are very rare and can happen while using metal or wood bats. There is no data to indicate that the few catastrophic injuries to baseball pitchers from metal bats would not have happened if the batter was using a wood bat. Before any sport makes rule changes, equipment changes, or other changes related to the safety of the participants, it is imperative that these changes are based on reliable injury data and not anecdotal information.

    So you went from an umpire to a President to just someone who doesn’t know what they are talking about.

  15. DrWally says:

    OK Folks — before you get yourself wound up too tight on this…..

    These suits *always* get appealed — otherwise the bat manufacturer faces unlimited future liability. Secondly, the huge settlement is almost always set aside or reduced by the appeals court (no emotion driven jury there, just cold-eyed believers in the actual law and established legal precedence).

    Finally — and most importantly — before you dump all over the lawyers and scream about “tort reform” (whatever you mean by that), consider the following situation: Your son (or daughter) was grievously injured by some product that you bought for it’s intended purpose and used within the guidelines suggested by the manufacturer. The problem was fairly obviously due to a gross oversight and quality control problem with the product of Humongous Corp., which claims no responsibility whatsoever and tell you to go away. Humongous has teams of lawyers and plenty of bucks on hand, so suing them over this is going to cost you a minimum of a hundred thousand dollars in legal fees. You got that much to spare? Because if “tort reform” says lawyers can no longer take a case on “contingency” (meaning they don’t get paid unless they win) then that’s just where you will be. And Humongous will keep selling dangerous crap. The cost of litigation will see to it that all the “little guys” are effectively shut off from accessing the justice system regardless of the merits of their case.

    Yes there are frivolous law suits that should never be brought to court but yours isn’t one of them. How many of those silly, unworthy suits should we allow to ensure you get your chance in court for your son?

    Careful you don’t toss out the baby with the bathwater, friends. (And no, I am not a lawyer, paralegal or have any involvement with the the justice system — I just tend to think through things before I run my mouth…)

  16. Mike D says:

    Yo, Fuse – why such venom? Because I’m delusional about metal bats?

    1. The Minors in our league are the last NON-competitive division! Not the highest. It’s because it’s NON-competitive that exemptions to the rules are permitted – like run per inning limits, 4 outfielders, no stealing, unlimited substitutions.
    Of course our Minors teams aren’t eligible for any tournaments.

    2. You state: “Since 2003, all bats are required to meet the “Bat Exit Speed Ratio” (BESR) performance limitation, which ensures that aluminum bats do not hit the ball any harder than the best wood bats.”
    Why do you think they had to make that rule?
    Regardless, I do hope very much that it’s effective.

    3. We use pitching machines for practice, but not for games. Maybe we like the human interaction. Maybe we’re Luddites. Maybe we’re just effen nuts – I know I am, as you’ve apparently noticed.

  17. Buzz says:

    WARNING:

    Using this instrument to bat a ball
    or other object that has mass and is
    capable of transferring force and/or
    momentum during any kind of sports event
    may cause the said object to rebound from
    this instrument at speeds proportional
    to the force conveyed by the operator,
    or as we prefer to label him or her,
    “the defendant.”

    Alumibat Corporation is not responsible
    for any damages, calamities, injuries,
    death, mass murder, felonies, no-nos,
    destruction of world order, hate crimes,
    infanticide, corruption of global economies,
    horribly nasty gruesome loathsome or sickeningly
    repugnant outcomes that may result.

    Have a nice day.

  18. McCullough says:

    #47. Fusion seems to be a little on the obsessive-compulsive side. Thus we try to tolerate his behavior. I wouldn’t let it bother you.

  19. T dog says:

    This case is retarted…Everyone knows if you play a sport you have a possible chance of getting seriously injured of even killed no matter what sport it is…Metal bats have been played with for years from young kids leagues all the way up to collegiate levels and accidents happen but in this one someone just happened to be killed which is sad but is part of the risk you take when stepping on a field or court… The parents should have accepted the fact that this was a freak accident and the bat company was at no fault in this case. If anything they should have went after the kid who swung the bat and killed their son… This case was just for the parents to get money out of this and had nothing to do with closure on their sons death which is very sad but yet it will happen as long as people play sports.

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