A Helena jury has reached a verdict in favor of the plaintiffs in a lawsuit against the manufacturer of Louisville Slugger aluminum baseball bats.
Brandon Patch was killed in 2003 when he was struck in the head by a baseball that had been hit by a Louisville Slugger aluminum bat. Patch was pitching for the Miles City Mavericks legion baseball team at the time of the incident.
The jury in the civil lawsuit ruled in favor of the Patch family, finding that Louisville Slugger is liable for failing to warn about the dangers of using aluminum bats, and that the failure to warn played a part in the accident that caused the death of Brandon Patch.
Based on the jury's finding, the representative of the estate of Brandon Patch will receive $792,000, and an additional $58,000 will go to Brandon's parents, Debbie and Dwayne Patch.
The family says this case was about awareness, not money. After the verdict was announced, Debbie Patch said, ""We came into this not knowing. We were just hoping to prevail is all - for Brandon. This is for Brandon, and for the other kids on the field."
Patch says she's unsure what the money will be used for, but she will be looking into setting up a scholarship fund of some sort.
Helena District Judge Kathy Seeley presided over the case, and is now considering punitive damages in addition to the actual damages returned by the jury.
WEB EXTRA: the manufacturer of the baseball bat issued the following statement:
HILLERICH & BRADSBY CO. STATEMENT REGARDING MONTANA
VERDICT IN ALUMINUM BAT CASE
This was an emotional case and we believe the jury responded to that and issued an emotional verdict.
Our company did nothing wrong. We made a bat in accordance with the rules. That bat was approved for play by baseball's organizing and governing organizations. In fact, the jury found in our favor, that the bat was not defective.
However, the verdict that our company "failed to adequately warn of the dangers of the bat" has left us puzzled. It seems contradictory for the jury to say the bat is not defective but our company failed to warn that it could be dangerous. It appears to be an indictment of the entire sport of baseball. Anyone who has ever played the game, or any sport for that matter, understands there are risks inherent in baseball and the object is to use a bat, whether wood or aluminum, to hit the ball hard. Unfortunately, this verdict seems to be a statement on the society we live in today, that everything must have a warning label.
We sympathize with the Patch family over their loss, as we have since we first learned of this terrible accident. But we still believe this was an accident on a baseball field. Perhaps this will give the Patch family some closure. We hope that it does.
Rick Redman
VP Corporate Communications
(Wednesday morning) A Helena jury has entered the second day of deliberations in the case of the Montana mom who is suing a maker of aluminum baseball bats. Debbie Patch of Miles City, whose son Brandon died after being struck in the head with a baseball that was hit by a Louisville Slugger aluminum bat, believes that such bats are unsafe.
Brandon's parents are suing Louisville Slugger and Universal Athletics Services in their on-going crusade to eliminate aluminum bats from baseball all together. Debbie Patch says the case is about "the safety of kids." Her attorney, Joe White, maintains that the aluminum bat had a defective design, claiming that a baseball hit by such a bat travels so fast that it can't be seen by players.
Attorneys for manufacturer Hillerich & Bradsby, the parent company of Louisville Slugger, argued that the death of Brandon Patch was an unfortunate accident that could have occurred using any of several different bats.
The jury began deliberations on Tuesday and resumed on Wednesday morning.
(October 21, 2009) A woman's lawsuit against the maker of Louisville Slugger baseball bats is through its second day of testimony.
In 2003, Brandon Patch died after being struck by a ball that had been hit by a Louisville Slugger baseball bat. Patch's mother is suing Hillerich & Bradsby, the maker of Louisville Slugger, for damages.
At the jury trial in Helena on Wednesday, the defense moved to dismiss the case due to insufficient evidence; Judge Kathy Seeley denied the motion, saying there seemed to be "no absence of sufficient evidence."
Both sides interviewed Helena Senators Coach Dave Thennis, who told the court that the line drive that ultimately ended Patch's life seemed like nothing out of the ordinary. Thennis also says he had seen baseballs hit harder and faster than the one that struck patch.
A representative with Hillerich and Bradsby tells us the trial is expected to wrap up next week.
(October 16, 2009) Helena district court is the next stop for the on-going legal battle over aluminum versus wood baseball bats. Jury selection is set to begin Monday in a lawsuit against Hillerich & Bradsby, the makers of Louisville Slugger aluminum baseball bats.
The case dates back to July of 2003 when Miles City baseball pitcher Brandan Patch was killed when he was hit in the head by a ball hit off an aluminum bat.
Brandan's parents Debbie and Duane Patch are suing Louisville Slugger and Universal Athletics Services in their on-going crusade to eliminate aluminum bats from baseball all together. Debbie Patch says the case is about "the safety of kids."
When asked for comment, Hillerich and Bradsby spokesman Ric Redman said, "We filed our evidence and we are confident in our case that we will present to the court."
Helena attorney Curt Drake is representing the Patch family while Billings law firm Holland & Hart is representing Hillerich and Bradsby.
District Judge Kathy Seeley in Helena will begin the process of selecting jurors on Monday. The case could be a lengthy one - the opposing sides have already filed 190 documents with the court.
