Month: September 2012

Baseball Injury Compensation Awarded to Boy

A young boy who suffered life changing injuries when he was struck by a baseball in a Little League game has been awarded 14.5 million dollars in baseball injury compensation.  

Steven Domalewski from Wayne, New Jersey, was just 12 years old when playing as a pitcher in a Police Athletic League baseball game in 2006. In a freak accident, the batter to who Steven threw the ball hit a firm line drive, which caused the ball to fly back at Steven at speed and strike him in the chest – putting him into cardiac arrest. By the time emergency services resuscitated him, Steven´s brain had been starved of oxygen for 15 minutes, due to which he sustained irreversible brain damage.

After seeking legal counsel, Steven’s family filed a claim for children’s sports injury compensation against Little League Baseball, the manufacturer of the metal baseball bat that had been used during the game and the retailer of the bat, alleging that it had been dangerous to use a metal bat in the game as metal bats can hit a baseball at a greater speed than wooden bats.

The family alleged that had a wooden bat been used in the game, Steven would not have suffered such severe injuries and supported their childrens sport injury claim with figures produced by Little League Baseball which revealed that since the performance of metal bats had been limited to those of the best wooden bats – a measure introduced in 2008 – injuries to Little League pitchers had fallen by 80 percent.

Little League Baseball, Hillerich and Bradsby – the makers of the “Louisville Slugger” – and the national retailer of the bat, Sports Authority, all denied liability for Stevens injuries but, at the State Superior Court in Passaic County, the judge heard that a settlement had been agreed upon which would see Steven receive 14.5 million dollars in childrens sport injury compensation to provide him with the specialist care he will require for the remainder of his life.

Boy’s Sports Injury Compensation of 14.5 million dollars Awarded

A child, whose family alleged he suffered severe injuries due to the type of bat used in a baseball game, has been awarded 14.5 million dollars in compensation for boy’s sport injury in an out of court settlement.

Steven Domalewski was twelve years of age when his terrible accident happened. Starting as a pitcher in a Police Athletic League baseball game in 2006, the player to who Steven pitched the ball hit it back with such force that it caused Steven to suffer a cardiac arrest when it hit him on the chest.

Despite the attentions of parents and officials that were at the scene of the incident, it was almost twenty minutes before Steven regained consciousness – during which time his brain was starved of oxygen, resulting in him sustaining permanent and irreversible brain damage.

Steven´s family made a claim for boy’s sports injury compensation, based on the grounds that the baseball bat that was used was in the game was made of metal and, because of the extra power it provided in relation to wooden bats, should not have been used in a children´s game of baseball.

Liability was denied by Little League Baseball who approved the bat as safe to use, Hillerich and Bradsby – the manufacturers of the “Louisville Slugger” metal baseball bat – and the national retailer of the bat, The Sports Authority.

However, solicitors acting on behalf of the Domalewski family argued that – in 2008 – Little League Baseball restricted the performance of metal bats used in children´s games of baseball to the same as that of wooden bats, with an eighty percent reduction in injuries to pitchers.

A trial date was set but, as opening statements were about to be heard, the State Superior Court in Passaic County heard that an agreement of compensation for boy’s  sport injury had been negotiated between the parties and that Steven was to receive 14.5 million dollars to provide him with the care that he will need for the rest of his life.

Low Hanging Poster Accident Claim Settled

A woman who walked into a Dublin advertising poster, and sustained head and neck injuries, has settled her compensation claim for low hanging poster accident for 38,000 Euros.

Sandra Memery (48)  was leaving her local MacDonald´s restaurant with her daughter on 16th September 2009 when the low hanging poster accident occurred. Having turned back towards her daughter to give her a bag, she started walking forward again, and immediately hit her head on the corner of the low hanging poster campaigning for Fianna Fail for a “Yes” vote in the second Lisbon Treaty referendum.

After feeling unwell for a day, Sandra visited her doctor, where she was diagnosed with cuts to her scalp, a swelling over her right temporal and soft tissue damage to her neck. Sandra, who is 5 ft 5 in tall (1.65m) made a compensation claim for low hanging poster accident compensation, stating that the campaign poster should have a minimum of three metres clearance from the floor.

Contesting the claim, Fianna Fail and Executive Posters Ltd jointly claimed that Sandra was responsible for her own injuries through contributory negligence and should have paid more attention to where she was going. However, shortly before Sandra´s case was about to be heard at Dublin´s Circuit Civil Court, her legal representatives announced to the court that a compensation settlement had been concurred upon in the amount of 38,000 Euros.

Car Crash Compensation Claim against MIBI Approved in Court

A man, who suffered a severe brain trauma and now requires permanent care after being thrown from a car driven by an uninsured driver, has had his car crash compensation claim against MIBI approved in court.

The man – who is a ward of court and cannot be named for legal reasons – was just 19 years of age when, in March 2008, he was a passenger in a car which went out of control, left the road and ran into a tree. The victim, who was thrown out of the car as it left the road, suffered a severe brain trauma which has left him requiring permanent nursing care and only able to communicate by means of thumb up or thumb down.

Ms Justice Mary Irvine at the High Court heard that the driver of the car had been uninsured, and that a car crash compensation claim against the Motor Insurers´ Bureau of Ireland (MIBI) had been made. She also heard that an agreement had been reached between the man´s legal advisors and MIBI to award 4.25 million Euros to the victim – an amount which had been reduced by 20 per cent to account for the man´scontributory negligence of failing to wear a seatbelt.

The judge approved the settlement of the unnamed man´s car crash compensation claim against MIBI, stating that it was an excellent settlement which would provide the car he required for the rest of his life. She also ordered that the foster mother who had been caring for the victim since his accident should receive an immediate lump payment of 544,800 Euros to cover the expenses and hospital bills she had already incurred.