Play ball not file lawsuits
The California State Supreme Court ruled against a College Baseball player who sued after getting hit by pitch. Makes sense to me. Our lawsuit happy culture is getting out of hand. If you play a sport, there are certain risks involved. Getting hit by a baseball goes with the sport. Grow up Jose Avila, Don Zimmer sued no one when he was beaned in 1953. He almost died and his baseball career was adversely affected.
Open Post- Jo's Cafe, Stuck on Stupid, Basil's Blog,
SAN FRANCISCO (Reuters) - A player hit by a pitch during a college baseball game in California has struck out in his effort to win damages over the incident.
California's top court ruled 6-1 against a lawsuit by Jose Avila, a student at Rio Honda Community College, who was struck by a pitch in a 2001 game against Citrus Community College. Both schools are in Southern California.
According to his lawsuit, Avila's helmet was broken and he suffered pain and dizziness from the beaning.
Avila sued both schools, the manager, the maker of his helmet and others. But in a decision that came during the opening week of the major-league baseball season, the California Supreme Court ruled against him.
"For better or worse, being intentionally thrown at is a fundamental part and inherent risk of the sport of baseball," the court wrote. "It is not the function of tort law to police such conduct."
"Being intentionally hit is likewise an inherent risk of the sport, so accepted by custom that a pitch intentionally thrown at a batter has its own terminology: 'brushback,' 'beanball,' 'chin music.'"
The decision cited some of the best-known pitchers in baseball history as evidence even top players had threatened or intentionally hit batters to gain advantage.