May 19, 2008 - Parents Sue Aluminum Bat Maker for Son's Injuries
The parents of a young boy who suffered brain damage when he was struck by a baseball that was hit with an aluminum baseball bat sued the bat's manufacturer and others, claiming the defendants should have known it was dangerous for use by children.
The parents of Steven Domalewski, who was 12 when he was injured in 2006, filed suit in New Jersey Superior Court. It names Hillerich & Bradsby Co., manufacturer of the Louisville Slugger TPX Platinum bat, which was used to hit the ball that injured Steven.
Little League Baseball and Sports Authority are also named in the lawsuit. Little League gave its seal of approval to the bat and Sports Authority was the retailer that sold the bat to Steven’s parents. The lawsuit alleges that the defendants knew, or should have known, that the bat was dangerous for children to use. Little League denies any wrongdoing, as well as the bat's manufacturer. Sports Authority has yet to comment.
"Most studies indicate that the speed with which a ball comes off an aluminum bat is about 15 to 25 percent faster than a wooden bat," said the family's attorney.
Steven was struck near the heart by a line drive while pitching in a Police Athletic League game. The blow stopped his heart, depriving his brain of oxygen for 15 to 20 minutes, according to doctors.
"People who have children in youth sports are excited about the lawsuit from a public policy standpoint because they hope it can make the sport safer," the family’s attorney said after filing the lawsuit on Monday morning. "There are also those who are skeptical of the lawsuit and don't see the connection between Steven's injury and the aluminum bat."
Joseph J. Bernardo, P.A. handles all types of Personal Injury cases including: Automobile Accidents, Spinal Cord Injuries, Traumatic Brain Injuries, Medical Malpractice, Wrongful Death, Insurance Bad Faith, Nursing Home Abuse, Airplane Accidents, Dog Bites, Drunk Driving Injuries, Large Truck Accidents, Motorcycle Accidents, School Bus Accidents, Slip and Fall Accidents.
Joseph J. Bernardo, P.A. serves the following areas: Southwest Florida, Fort Myers, Fort Myers Beach, Boca Grande, Bonita Springs, Cape Coral, Captiva Estero, Everglades City, Golden Gate, Immokalee, Lehigh Acres, Marco Island, Naples, Pine Island, Port Charlotte, Punta Gorda, Sanibel, Sarasota, Charlotte County, Collier County, DeSoto County, Glades County, Hendry County, Lee County, Manatee County, Sarasota County
The legal information offered by Joseph J. Bernardo, P.A. and contained herein, regarding Florida legal statutes and Florida claimants' rights, is general in scope. No legal attorney / client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a Florida lawyer regarding your specific inquiry.See Terms of Use.
