A recent case was just decided after 12 hours of deliberation by the jury. This case involves the death of a young baseball player from Miles City. He was a pitcher who was struck in the head by a ball that was hit. The family is suing on the grounds of “failure to warn.” They believe the bat company is at fault because they failed to provide appropriate warning labels on the bat. The basis of the argument was centralized on the reaction time allowed from contact to return. The contact to return time for this specific pitch was 378 milliseconds and the average time is 400 seconds. The jury found this in conjunction with the other evidence to be strong enough to find the bat company at fault for not providing enough warning for their product.


There is much discussion that this will be overturned once appealed. It is hard to believe without understanding all the evidence as to why the jury felt it necessary to find fault in the bat company when the product was used correctly and was operated for it’s purpose. There have been multiple comments made in regards to this decision that are all over the discussion boards. I am simply interested as to see how the appeal process goes.

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