|
San
Diego, CA - From
Little Leagues to the Major Leagues, frivolous litigation threatens
America's favorite pastime As baseball spring training begins this month,
Americans may notice that their favorite pastime is slowly being
transformed into a lucrative sport of frivolous litigation, according to
Andy Kotner, President of San Diego County Citizens Against Lawsuit Abuse
(CALA).
"Personal injury
lawyers have found their 'field of dreams' by filing frivolous lawsuits
against America's favorite sport," Kotner said. "Today, lawsuits
are filed when a Little League team loses or a player gets hit by a ball.
Kids throughout California and America deserve to be able to play ball
without fear of getting sued."
Here is San Diego County
CALA's starting line-up of frivolous baseball lawsuits:
A Little Leaguer was
swinging a bat for warm-up and accidentally hit a teammate in the head.
The teammate's parents sued both the player and the Little League for
negligence. A lawyer for the bat-swinger said the matter should not be
decided in court. "To me, this is another example of why it becomes
increasingly difficult in this modern day to keep things that used to be
part of our culture together," the lawyer commented. (Associated
Press, June 8, 1998)
- Toothless Player
Hits a Homerun in Court
During practice, a
Little League coach was hitting balls for his players to practice
catching. One of his hits knocked out the two front teeth of a player.
The player's parents sued the coach, who paid an undisclosed monetary
award. The wife of the coach commented, "It was an accident. My
husband was hitting the ball just like he's been hitting for years and
years and years...He takes time off from work to be a volunteer…It's
sad that it comes to things like that. I have seven children. Kids get
hurt." (Associated Press, April 23, 2000)
- Hit Me with a Ball,
Not a Shirt
During a game, a
Florida Marlins baseball fan was struck in the eye when the team's
mascot shot a rolled up T-shirt into the crowd out of a
"gas-compressed bazooka-like weapon." The man claimed he
sustained permanent injuries and asked for $15,000 in damages. He said
that while getting struck by a foul ball may be a risk that baseball
spectators assume, getting struck by a flying T-shirt is not.
(Associated Press, January 23, 2001)
- Losing Team Sends
Coach to Court
One parent sued his
child's coach for not having a winning season and sacrificing his son's
chance of competing in a major tournament. The man demanded $2,000 in
compensation. The municipal court judge provided a few words of wisdom
in a dismissal statement: "What youth players should know is this:
In life, as in sports, you will try and you will sometimes fail. There
will be no apparent reward except to know that you did your best… The
fact your team lost does not mean it was your coach's fault." (The
Intelligencer, January 11, 2000)
"Unless we make
common-sense reforms in our legal system, frivolous lawsuits may soon
replace baseball and apple pie as America's favorite tradition,"
Kotner said.
Kotner says that while
there is no real risk for someone to file a frivolous lawsuit, the person
being sued must invest considerable time and money in defending
themselves. In the worst cases, the defendant simply settles the case
because it's cheaper than fighting the case in court. In the best cases,
the defendant wins, but the plaintiff simply walks away, with no
obligation to repay the defendant for the time and expense of fighting the
frivolous lawsuit.
"Even if you beat a
junk lawsuit, you still lose. If we're truly going to safeguard justice,
we need to call a foul on these abuses of the legal system."
commented Todd Jones, Centurion Counsel, Inc. and CALA Board Chairman.
San Diego CALA is a
non-profit, grassroots public education organization. Its mission is to
inform consumers about the costs of lawsuit abuse and ensure the legal
system is used for justice, not greed. San Diego County CALA has more than
8,000 local supporters.
# # # |
to
CALA News Room