Fan sues Castillo, Blastro, MLB, Mets and Rawlings

Fan gets busted up by broken bat, now wants to sue. Apparently didn't read the back of his ticket that explains how fans are at their own risk.

This won't go anywhere.

And to steal two jokes from the place I got this:

Castillo's hardest hit all season.

Fan also suing Isaac Newton for gravity.

almost 2 years ago GilbertP 32 comments 0 recs |

Story-email Email Printer Print

Comments

Litigious society

By the way, Castro is hitting .306/.375/.583 in 72 at-bats this season.

by James Kannengieser on Aug 10, 2010 1:49 AM EDT reply actions

I fucking loved that guy.

Fuck you Omir Santos (hitting .160/.208/.266 between Buffalo and Binghamton this season.)

I bet Jerry Manuel just bunted.

by GilbertP on Aug 10, 2010 2:01 AM EDT up reply actions

Yeah--way to sell high, Omar!

by Jack Str on Aug 10, 2010 3:07 AM EDT up reply actions

At least Lance Broadway has a bright future...

Wait, we non-tendered him and then he assaulted a guy at a nightclub? The fuck?

John Olerud, Hall of Famer. Got a nice ring to it.

by squid92 on Aug 10, 2010 1:02 PM EDT up reply actions

That's not too bad,

when it comes to our record with bullpen pitchers who we acquired in bad trades (for us) who are no longer on the team.

"Blinding ignorance does mislead us. O! Wretched mortals, open your eyes!"
Gil Hodges IS a Hall of Famer.

by Brooklyn Dodgers Mets Fan on Aug 10, 2010 11:34 PM EDT up reply actions

He's asking for vicarious emotional distress damages....

In my mind, if I asked for that, I’d be looking at legal eithics sanctions, assumption of risk arguments notwithstanding.

by MookieTheCat on Aug 10, 2010 1:53 AM EDT reply actions

Why is that (I don't have an opinion on it--just asking)?

I think he’s asking for damages on behalf of his young son for seeing his own father injured. While that might border on frivolous, is it so blatantly frivolous as to deserve sanction?

by Jack Str on Aug 10, 2010 3:09 AM EDT up reply actions

Due to evidentiary issues, it's hard to make a case for emotional distress...

People are suspect of this type of claim because whereas a broken leg is fairly easy to demonstrate, emotional distress isn’t. On futther review I overstated my case a little above, but this still seems like a silly lawsuit, for a number of reasons beyond the problems with emotional distress.

What amazes me is that Castillo hit a ball hard enough to shatter a bat.

by MookieTheCat on Aug 10, 2010 2:27 PM EDT up reply actions

Thanks for the clarification.

Yup—must have been some bat. If Castillo can shatter it, there may be a defective product lawsuit in there somewhere.

by Jack Str on Aug 10, 2010 8:50 PM EDT up reply actions

Right...

But in products liability the end user is not responsible. There are a few rules for deciding who is in the chain of distribution and who is an end-user, but they are immaterial. Other theories of products liability differ in certain ways, but as a general matter suing Castro and Castillo for ordinary use of a product is fairly ridiculous, especially if the product was in general use. Rawlings, I’m not so sure but it still seems like a stretch to me.

by MookieTheCat on Aug 10, 2010 10:22 PM EDT up reply actions

From what I remember from law school

The “assumption of risk” waivers on the back of tickets aren’t necessarily viewed as binding by courts, given that ticket-buyers have no opportunity to negotiate the terms of these “contracts.” So it’s not so cut-and-dried.

Given the 2005 study cited in the article (that maple bats have a tendency to explode nd that they offer no advantages over ash bats), an argument, at least, could be made that the manufacturer was negligent for manufacturing them and that the players/team were negligent for using them. Ultimately, this case will almost certainly settle for some sum of money.

by dontstopbelieving on Aug 10, 2010 10:09 AM EDT reply actions 1 recs

It seems obvious that that's why the suit includes players, etc

He wants a tidy little pile of settlements.

by SuperT on Aug 10, 2010 10:24 AM EDT up reply actions

Yes, he definitely wants as many pockets as possible

and also, there are legal theories that could apply to any of the parties: Rawlings for making and selling the bats, the Mets for allowing their players to use them, Castillo for using it on this occasion and Castro for giving it to him. Given that Rawlings was probably in the best positions to know about the dangers of the bats, they would seem to bear the most responsibility.

by dontstopbelieving on Aug 10, 2010 10:29 AM EDT up reply actions

That's standard litigation procedure...

You don’t want to be stuck later with your suit dismissed for failure to join a party, so you sue everyone you can think of who might be even a little responsible, and let them move to have the suits against them dismissed or slug it out between themselves.

by MookieTheCat on Aug 10, 2010 2:29 PM EDT up reply actions

This

Nicely done, fellow law talking man!

by Dan Lewis on Aug 10, 2010 12:00 PM EDT up reply actions

It's not really an assumption of risk issue preliminarily.

That’s an affirmative defense. But there still has to be the breach thing, and that’s where it seems tricky. Maple bats are very common, so it’s hard in my mind to come to the conclusion that there was a breach of some duty owed a spectator to use a particular kind of bat. Also, ummmm, this was Castillo hitting. I don’t think a foreseeable result of any swing by Castillo is either (i) hitting a baseball or (ii) hitting a baseball hard enough to break a bat. Cardozo, Palsgraf blah blah blah.

by MookieTheCat on Aug 10, 2010 2:35 PM EDT up reply actions

Pay attention to the game dude.

by NY_Mets on Aug 10, 2010 10:13 AM EDT reply actions

that guys doesn't even look like he's wincing

like “meh, I’m being hit by a bat in the face. I took worse in ’Nam”

2009 Did Not Happen

by cjmulrain on Aug 10, 2010 11:20 AM EDT up reply actions 1 recs

That little girl two to the left of the guy getting struck

Looks like shes having some kind of epiphany, straight out of something Da Vinci would paint. Not to mention that other lady not even moving (couple of seats above epiphany girl) and enjoying what is probably peanuts without a care in the world

by Sitebot'sGrisson on Aug 10, 2010 12:07 PM EDT up reply actions

The face on that kid with the big cup is priceless.

2010: Year of the Grission...Or Not!

In My World, There Is No Such Thing As Off-Topic!

by R_Adragna on Aug 10, 2010 12:14 PM EDT up reply actions

look at that guy a few rows above

just sorta smirking

John Olerud, Hall of Famer. Got a nice ring to it.

by squid92 on Aug 10, 2010 1:03 PM EDT up reply actions

The little ginger girl at the bottom

looks like she simply can’t be bothered with any of this.

Save Jenrry Mejia!

by Ogre39666 on Aug 10, 2010 5:04 PM EDT up reply actions

I like the lady guarding herself with the pizza box

Gas prices today are a lot like a pitcher's ERA. Anything under 3 is amazing, under 4 is pretty good and anything 5 and up is something you want to avoid.

by Bobby Baseball on Aug 10, 2010 8:08 PM EDT up reply actions

I'd like to sue Luis Castillo, the Mets, and Rawlings for emotional damages, myself.

The Mets suck, Luis Castillo is a big part of that, and nobody on this team can hit. All of that makes me sad, which contributes to my overall negative mental health.

"Blinding ignorance does mislead us. O! Wretched mortals, open your eyes!"
Gil Hodges IS a Hall of Famer.

by Brooklyn Dodgers Mets Fan on Aug 10, 2010 12:12 PM EDT reply actions 3 recs

This is the most blatant case of fraudulent advertising since my suit against the film, "The Never-Ending Story."

by MookieTheCat on Aug 10, 2010 2:32 PM EDT up reply actions 5 recs

I should really take that bar association logo out of there...

See, “Works on contingency? No, money down.”

May you be locked in a battle of wits against Jerry Manuel.

by BobbyV_Incognito on Aug 10, 2010 6:30 PM EDT up reply actions

Does this mean we now use aluminum bats from here on out?

2010: Year of the Grission...Or Not!

In My World, There Is No Such Thing As Off-Topic!

by R_Adragna on Aug 10, 2010 2:28 PM EDT reply actions

Castillo still can't hit doubles with those

May you be locked in a battle of wits against Jerry Manuel.

by BobbyV_Incognito on Aug 10, 2010 6:30 PM EDT up reply actions

I'm suing Luis Castillo for malpractice

“Judge, this man is supposed to be a PROFESSIONAL baseball player!”

Gas prices today are a lot like a pitcher's ERA. Anything under 3 is amazing, under 4 is pretty good and anything 5 and up is something you want to avoid.

by Bobby Baseball on Aug 10, 2010 8:07 PM EDT reply actions