Why Do We Have To Assign Blame?

The 5/20/08 Houston Chronicle published an article about the family of one Steven Domalewski who is filing a lawsuit against Hillerich & Bradsby (makers of the Louisville Slugger bat), Little League Baseball, and Sports Authority (where the bat was purchased). No dollar amount has been offered, but I am quite sure the family’s attorney, Ernest Fronzuto, will suggest a number in the low to mid eight-digit range. That is expected, no cents – oh sorry – no sense in going for anything less.

The suit claims the makers of the aluminum bat, the non-profit organization that sanctioned its use, and the store that sold the thing are negligent because they knew beforehand that the bat was “dangerous” for children to use. That is a pretty amazing claim considering the fact that a bat is an inanimate object with no moving parts, and is totally incapable of doing anything until a human being picks it up. Even more amazing is the fact these bats have dominated all Little League and college ball for at least 15 years.

I am not a professional writer, so I really don’t know how to knit this story together. The article, “Someone is to blame here” is available at www.chron.com so anyone who has any interest can get the details and follow along. I am simply going to put my points into a list. This is how a manufacturing engineer supports his position.

1. This is a subject I know something about. I am a professional engineer as well as a father of a very talented ball player. My Danny played from little league all through middle and high school and two years at the University of Central Florida (Division 1). My brother-in-law, Jay Bergman, is the head coach of the Central Florida Golden Knights and is recognized nationally for his leadership and understanding of the game. Go to www.ucf.com and find out what I am talking about. I honestly know of no other person who is more knowledgeable about the game of baseball.

2. Jay and I agree there is no question that when an aluminum bat strikes a standard baseball, the ball will exit the collision at a higher speed than a similar collision with a wooden bat. This is why the aluminum bat was invented! It promised more “action” in the little league, high school and college games. The game of baseball is and has always been about hitting, and any “legal” innovation to improve this ability is always embraced.

3. High school and college organizations wanted to increase the excitement of the games and give players an opportunity to perform more closely to their professional brethren. The bat raises batting averages, home runs and RBI counts. In a very short time, the aluminum bat displaced the entire wooden bat inventory and there was nothing but total parental approval, or at the minimum, acceptance. And this wasn’t yesterday!

4. Ask anyone knowledgeable about the game why MLB still uses the wooden bat and they will tell you it is to keep the ball inside those hundred million dollar stadiums. In college, high school, and little league, they will tell you the aluminum bat helps the player put the ball outside of the park!

5. Player, coach, and parent all embraced the aluminum bat for its effectiveness and Sports Authority, Oshman’s, Academy, Dick’s, Walmart, etc. have been selling little else for years. The Domalewski family acts as though they were blindsided by a new terrible secret weapon and deceived by the manufacturers. This is nonsense. Any kid 12 years of age and playing ball on a regular league basis was not only aware of the aluminum bat’s performance, but would constantly lobby his parents for their own personal unit. I bought Danny a number of these bats at an average cost of $275 each. Ask the question - did Steven’s parents buy him a bat of similar construction?

6. I know enough about little league ball at age 12 to understand that any boy pitching at that age is almost positively a star hitter as well. I will bet he was a very good athlete. He would pick up that bat and, regardless of any perceived threat, would swing away with every bit of strength he had. It would never cross his mind that he might be injured or might injure another player.

7. Given all of the above, I will ask the question “Where were Mom and Dad during this game?” Were they anxiously waiting for the fateful moment of their boy’s injury or were they cheering on their son and were taken totally by surprise by an incredibly unusual and weird event that wouldn’t happen again in the next 100 years? Exactly when did the parent’s perception of this weird accident morph into the concept of negligent action?

8. What about the ball! That evil little thing did all the damage. How is it that Mr. Spaulding gets off the hook? What about the Police Athletic League? I am sure there was someone in the closet maliciously planning this accident. What about the field owner? Why didn’t they have emergency medical staff at the game ready for such an emergency? Now that is negligent. What about the kid who hit the ball? Was he tested for steroids and his age verified? What about the doctor who first attended the boy! This event screams malpractice!

No, this is a story about the money and the easiest path to it. The money the insurers are going to pay the family so their boy can be very well taken care of for the rest of his natural life. Someone has to pay. Mr. Fronzuto, unless he is brain dead, knows if he brings Steven into the courtroom the jury will melt and make sure that evil bat maker pays up. And of course, that is exactly why the insurance companies will never let it go to court.

In the end, everyone will get paid off and Steven unfortunately won’t be any better off for the effort. The losers will be all of us who believe God is sovereign and that this kind of thing just happens. There is no blame, only the continued erosion of America’s sense of justice.