Re: Slow night on smd
From: Joel M. Eichen (joeleichen_at_yahoo.com)
Date: 02/08/05
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Date: Mon, 07 Feb 2005 19:16:56 -0500
On Mon, 07 Feb 2005 17:11:40 GMT, Steven Fawks
<tuthjockey@earthlink.net> wrote:
>
>
>My wife read an article from the newspaper where
>a dentist has filed a suit against a major league
>team for having an inadequate backstop after he was
>injured *trying to catch* a foul ball. If he had been
>trying to get out of the way, I could understand.
Here ya go .....
Dentist Sues Phillies
Was Apparently Hit With Baseball
Feb 4, 2005 10:12 pm US/Eastern
HARRISBURG, PA (AP) A dentist who lost some of his vision after he was
beaned at a Philadelphia Phillies game is suing the team, alleging
that not enough was done to protect spectators,
Neil Pakett, of Elkins Park, would have been protected during the June
25, 2001, game at Veterans Stadium if the backstop was wide enough to
meet the recommendations of the Architectural Graphic Standards and
had been angled differently, according to court documents citing an
expert hired by Pakett’s attorney.
Pakett was struck when a foul ball flew off the bat of the Phillies’
shortstop Jimmy Rollins, who was batting left-handed. Pakett attempted
to catch the ball, instead of protecting himself, according to court
documents.
Both the city of Philadelphia and the Phillies are defendants in the
case.
A Philadelphia Common Pleas judge dismissed the Phillies from the case
in October, but Pakett appealed to the state Commonwealth Court. Oral
arguments in the case are scheduled for March 3.
An attorney retained by the team, Robert J. Foster, said that decades
of case law dictates that fans take on the responsibility of
protecting themselves when they attend a sporting event, such as
baseball.
“Attorneys generally don’t bring the suit because they review the case
law and aren’t as brave as these attorneys in trying to find an
exception to the rule,” Foster said.
Among the protections cited by Philadelphia Judge Joseph I. Papalini
were warnings by the public announcer, on the back of every ticket, on
signs posted on walkways and between concourses, and by a video
cartoon that is played in the middle of the first inning.
Papalini also cited the “no-duty” rule of Pennsylvania’s courts, which
holds that operators of a baseball stadium, amusement park or other
such facilities are not bound to protect or warn spectators from
“common, frequent, and expected” risks that are part of the activity.
Pakett’s attorneys contend that the no-duty rule does not apply
because the team chose to protect some spectators, but not others,
when it erected the backstop.
Pakett and his attorney, Frederic Eisenberg, did not return messages
left Friday. Pakett, who underwent surgery for the injury, suffered
temporary blindness and has not regained all of his sight, according
to the suit. Pakett was seeking more than $50,000 in damages, Foster
said.
Lawsuits over stadium beanings are nothing new, and at least two
others are pending against the Phillies and other sports teams in
Pennsylvania courts, Foster said.
In a separate case cited by Papalini, the state Superior Court upheld
a lower court decision in 2001 to throw out a suit brought by an Ohio
family against the Pittsburgh Pirates. In that case, Nancy Romeo said
she lost a tooth and suffered nerve damage to another tooth, cuts,
headaches and nausea when she was hit in the mouth by a batted ball in
a 1998 game at Three Rivers Stadium.
Veterans Stadium and Three Rivers Stadium have since been demolished.
(© 2005 The Associated Press. All Rights Reserved. This material may
not be published, broadcast, rewritten, or redistributed. )
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CBS 3 Weather School
>
>I do enjoy the game. My son is playing baseball at
>a local juco (freshman) and I have one daughter
>playing college fastpitch (junior). I think the
>more you understand the game, the more interesting
>it is.
>
>With the majors, the game has slowed and the whole
>atmosphere has deteriorated (steroids, salaries,
>ticket prices, etc.). Of course, the same can be
>said for several other pro sports as well.
>
>There are lots of opportunities to see college or
>minor league teams play the game that provide a
>much more economical (and I think interesting) chance
>to watch the game.
>
>JMO,
>
>Fawks
>
>
>
>
>clintonz@prodigy.net wrote:
>
>> You don't understand. Say you are sitting
>> talking to the person in the next seat.
>> Low and behold someone hits a homerun.
>> The ball slowly rises up into the air and
>> comes down hitting you in the head and
>> knocking you unconscious. Baseball
>> is not a passive spectator sport.
>>
>> Actually the fun in baseball is the
>> duel between the pitcher and the hitter.
>>
>> What i never understood was soccer.
>> What is the point of kicking a ball
>> with your feet around a field? Maybe
>> my attitude would be different if
>> I actually played it.
>>
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