Brain-damaged teenager gets $14.5 million in metal bat lawsuit settlement

In this May 14, 2008, file photo, Steven Domalewski, center, sits with his parents Joseph and Nancy Domalewski during an interview at their home in Wayne, N.J. Domalewski, left brain-damaged after being struck by a line drive while he was playing in a youth baseball game, will receive $14.5 million to settle his lawsuit against the bat manufacturer, Little League Baseball and a sporting goods chain. The settlement of was announced in state Superior Court on Wednesday morning, Aug. 22, 2012, in Passaic County. / AP Photo/Mike Derer

(AP) A New Jersey teenager left brain-damaged after being struck by a line drive while he was playing in a youth baseball game will receive $14.5 million to settle his lawsuit against the bat manufacturer, Little League Baseball and a sporting goods chain.

The settlement of Steven Domalewski's lawsuit was announced in state Superior Court on Wednesday morning in Passaic County. The boy, now 18, lives in Wayne, N.J.

"The Domalewskis are still saddened by the tragic events of June 2006, but this settlement provides them with some relief and comfort that Steven will get the care he needs for the rest of his life," said the family's attorney, Ernest Fronzuto. "He still can't perform any functions of daily life on his own."

Fronzuto said the settlement precluded him from discussing its details, including whether any of the defendants admitted liability.

Domalewski was pitching when the batter rocketed a line drive off the metal bat he was swinging.

The ball slammed into Steven's chest, just above his heart, knocking him backward. He clutched his chest, then made a motion to reach for the ball on the ground to pick it up and throw to first base to get the runner out.

But he never made it that far. The ball had struck his chest at the precise millisecond between heartbeats, sending him into cardiac arrest, according to his doctors. He crumpled to the ground and stopped breathing.

His father, Joseph, a teacher who had been on the sideline with the rest of the team, said he and a third base coach from the other team both ran onto the field, where Steven was already turning blue.

Someone yelled, "Call 911!" Within 90 seconds, a man trained in cardiopulmonary resuscitation who had been playing catch with his 9-year-old daughter jumped over the fence and started to work on Steven.

Paramedics, who were a quarter-mile away doing a CPR demonstration, got to Steven within minutes, placed an oxygen mask over his face and rushed him to a hospital. But the damage had been done; his brain had been without oxygen for 15 to 20 minutes.

"Pretty much, he died," Joseph Domalewski said in a 2008 interview with The Associated Press. "It was just so fast. The thud, you could hear. When it hit him, that seemed to echo."

Domalewski was playing in a Police Athletic League game, but Little League was sued because the group certifies that specific metal bats are approved for — and safe for — use in games involving children.

Brain-damaged boy's family sues bat maker

Rick Redman, a spokesman for Hillerich and Bradsby, manufacturers of the Louisville Slugger brand bat, confirmed a settlement had been reached, but declined further comment.

An attorney representing The Sports Authority, the national sporting goods retailer, did not immediately return calls seeking comment, and an attorney who represented Little League Baseball in the case declined to comment.

Little league Baseball also did not immediately reply to messages left at its corporate headquarters.

Little League reached an agreement with the major manufacturers in the early 1990s to limit metal bats' performance to that of the best wooden bats. Little League said in 2008 that injuries to its pitchers fell from 145 a year before the accord was reached to the current level of about 20 to 30 annually.

Little League also said on its website that it has banned most metal bats for younger children for the 2012 season, although certain ones found to meet the organization's testing standards are allowed to be used. League divisions for older players can use metal bats subject to certain weight and size limits.

[annieb346]

Jeez, for every person complaining about the decision and award in this lawsuit, what would you do if it were YOUR kid? How would you expect to care for him if you both work? Who do you think would care for him when you get old and eventually die? This has nothing to do with denial of responsibility, it has to do with claiming support payments from those who willingly and knowingly made the decision to sell/buy/recommend/use a bat that was too fast. Notice they didn't sue the batter, they're not vindictive, they just want to care for their kid. And to the commenter who made the remark about NJ - GOOD FOR YOU, stay out of the Garden State, who needs you.

[GeneralJDavis]

We need an enemy to drop bombs on us to give us a sense of what danger really is. Until that happens, let the kids play with wiffle bats.

[RainyDayInterns]

While this is a tragedy for the boy, we have a difficult time understanding how it is the bat manufacturer's fault...other than they have money.

If we are going to have crazy lawsuits...then:
Did they sue the kid who hit the ball?
Did they sue the glove-maker for not protecting the boy?
Did the kid who hit the ball sue the boy who had the heart attack for traumatizing him by having a heart attack?

[tallasulefty]

in reply to many of the comments here ... i pitched for 30 years (little league to msbl 40+, including mlb). i agree with those who think this is a ridiculous lawsuit and judgment. i always accepted and was aware of the risks involved. from line drives i got a huge contusion on my calf, had my ear nicked, ball bounce off my back, two ribs broken (2 inches lower and i was dead (unknowingly had an enlarged spleen)). but the worst was seeing 3 fellow pitchers get hit in the face; i still cringe watching videos.

in 1973 i was in the WAC, which was the experimental league for the DH and metal bats. the ball was definately quicker off the bat. but the economics were very cost saving (isn't it always about the money?). yes, mlb can still afford wood, but youth leagues usually can't.

i also fail to see how much money little league may have or how nice the fields are they help provide is relevant.

and i wish people would keep politics out of these discussions, unless relevant to the selection of the judge that tried the case.

to whoever did the math of 14 million providing 700,000 per year ... might want t subtract legal fees first (unless you're aware that the prosecuting attorney waived his fee out of the goodness of his heart (excuse me, i can't stop giggling)).

this verdict sends multiple messages that are not good - don't play baseball (or any sport with a ball or a stick or any equipment), waivers/agreements aren't valid or enforcable, don't coach baseball, don't equip baseball, don't organize baseball, don't endorse or associate or support other related entities, don't insure sports activities or leagues, and ... sue for anything no matter how illogical or frivolous because you just might win (and there's no penalty if you lose). and the net result is we all will pay more for insurance and other ramifications (ex.: more crime).
if you as a parent don't want your kids to possibly get hurt, then don't let him play. this is a sad accident, and i think his parents are irresponsible to file a suit and expect others to pay for their decision to let their son play when the risks are obvious.
i'd like to blame the attorney, but he's just doin his job. even murderers with a full confession and 10 witnesses get an attorney. but if i saw him face-to-face i would say to him that he lacks morals and clearly doesn't live by a creed of "do the right thing".

i must add one zinger - new jersey is the last state in this country i would ever choose to live - just so many idiots. and if i could, i would investigate the judge for possible bribery. thank you

[JETSON57]

Wow, Good thing ya got that all said in one breath,.. You are right,.. like I postred before,..

[rwsmith29456]

Metal bats should have been disallowed in the Little Leagues years ago.

[RainyDayInterns]

Doesn't make it the bat-maker's fault.

[rwsmith29456]

I agree. It's the League would have to decide not to used them.

[ludvig1-2009]

As the dad of a former pitcher, I'm glad to see the bat company pay. I think its insane to make bats that repel balls faster and faster and its good to see some sanity prevail. I know I was nervous watching my son pitch. Pitchers always get the worst of it. They go out there and ruin their arms while standing very close to a kid who has a bat that was produced not to simulate the old wooden bats but to produce maximum effect and that is not safe for a kid standing only a few feet away. The thing missing here the way all the blogs are being written is people seem to think that these metal bats produce the same effect as wooden bats. They don't. When I went to high school, I can only remember seeing one ball hit over the fence in my 3 years of playing high school ball with a wooden bat. The metal bats make it so everyone can hit one over the fence. That kind of power might be fun for the 8 guys out in the field but is very dangerous for the pitcher. I am glad to see the bat manufacturer take the fall.

[RainyDayInterns]

Did the bat manufacture mandate the use of the bat? Who's choice was it to use the bat?

[ludvig1-2009]

As the dad of a former pitcher, I'm glad to see the bat company pay. I think its insane to make bats that repel balls faster and faster and its good to see some sanity prevail. I know I was nervous watching my son pitch. Pitchers always get the worst of it. They go out there and ruin their arms while standing very close to a kid who has a bat that was produced not to simulate the old wooden bats but to produce maximum effect and that is not safe for a kid standing only a few feet away.

[Ulgnud]

It was an unfortunate accident. There is no reason for this kind of extortion.

[hdc77494]

Kid has a freak accident, and everybody has to pay? He didn't play in Little League, but they "certified" equipment as safe for children?
Sued the store for selling a legal piece of hardware, and the manufacturer? How about suing the batter, like that makes more sense. It's a wonder anybody makes anything anymore. Lawsuit happy people everywhere, and blood sucking lawyers getting their 15 minutes of fame and 40% of the price for someone's misfortune. Sad story, for the player, and for kids sports, but I have no sympathy for the greedy parents sniffing around for a payoff. In Obamaland, everything is someone else's fault.

[JETSON57]

Sorry to see ur a republican, cannot keep a conversation without bashin the prez,..You IDIOT

[JETSON57]

It's Jersey, ya know they had to have insurance,.. It's his lack of ability to play the position,..