Assumption of Risk

You've been warned. 1

This past Wednesday night, a four-year-old girl was hospitalized after being hit by a foul ball rocketing at over 100 miles per hour off of the bat of Chicago Cubs centerfielder Albert Almora, Jr. during the fourth inning of the Cubs' game at Minute Maid Park against the Houston Astros. Major League Baseball had several high-profile incidents of fans being injured by foul balls hit into the stands. In 2018, all thirty MLB clubs extended netting at their parks to the ends of the dugouts. That same season, a 79-year-old Dodgers fan, Linda Goldbloom died four days after being hit by a foul ball, despite the extension of the protective netting. It was not enough.

Linda Goldbloom, shortly before being stuck by a foul ball, resulting in her death. 2

Major League Baseball has been immune from negligence under the so-called "Baseball Rule," an inconspicuous disclaimer on the back of its tickets for admission declaring that the fans assumes the risk of injury a a result of the game of baseball. The general legal principle of "assumption of risk" is that a plaintiff who voluntarily assumes a risk of harm arising from the negligent or reckless conduct of the defendant cannot recover for such harm. 3 The result, under the law, has been a blanket immunity for baseball clubs from liability for injuries to spectators resulting from missiles and shrapnel in the form of foul balls and broken bats. However, the notion that a four-year-old or a 79-year-old assumes the risk of hospitalization or death from a night at the ballpark strains credulity, at best, and, in the view of this blogger, is ludicrous. 

FIX IT

While the vast majority of normal, decent human beings, including MLB executives, likely have compassion for people injured in these infrequent, yet potentially tragic, accidents, compassion alone will not help the people who are hurt, nor will it reduce the future chances of such carnage upon its fans, who are the reason there is revenue in baseball. There are two simple solutions to further minimize the risks of  these atrocious consequences during what should be a family friendly outing. The first is Major League Baseball extends its protective netting, all but invisible to the spectator's naked eye, to the foul poles (or farther if reasonably necessary), shielding fans from line drives blasted off of the bats of world class athletes. The second solution is the legal system ruling that fans do not reasonably assume the risks of maimed children or dead parents from watching baseball, hitting MLB and its multi-billion dollar revenue stream where it could hurt. People respond accordingly to pain.

Another possibility is the display of this video with full audio before every at-bat. 4

  

1) Image from https://www.cbssports.com/mlb/news/fan-sues-red-sox-owner-john-henry-after-fenway-foul-ball-injury/

2) Image from https://losangeles.cbslocal.com/2019/02/05/dodger-stadium-woman-killed-foul-ball/

3) Source: Restat 2d of Torts, § 496A (2nd 1979)
4) Images, in part, from: https://www.youtube.com/watch?v=yJSScYHHcl4

He Brought the Wood

Chicago Cubs pitcher Kerry Wood (0-2, 8.64 ERA), age 34, announced that he would retire from baseball today. This brings to a close a career of a very good pitcher who demonstrated the potential to be an all time great. Unfortunately, injuries are a part of baseball. While Wood can hold his head high as he walks away from the game, Cubs fan will have decades to ponder, “What if,” at water coolers and watering holes on the north side of Chicago.


FAST START

The 1998 National League Rookie of the Year (13-6, 3.40 ERA, 233K in 1998) burst on to the scene, becoming one of a very small number of men in major league history to throw 20 strikeouts in a game, in only his fourth major league start. Unfortunately, the hard throwing right hander may have flamed out his heater as a rookie. Wood underwent Tommy John surgery after his rookie year and missed the entire 1999 season.

Wood made a full recovery, mowing down batter and raking up eye-popping strikeout numbers, including 266 Ks in the Cubs’ National League Central Division championship year of 2003. By 2005, however, nagging injuries further derailed Wood’s efficiency. He started his last game as a major league pitcher in 2005.

Kerry Wood threw 20 strikeouts against the Houston Astros on May 6, 1998. Note that Hall of Fame first baseman Mark Grace was still active with the Cubs. that was a L..O..N..G time ago! 1

RELIEF

Wood honed his skills and transitioned to an effective relief pitcher, assuming a closer role in 2008 with the Cubs and 2009 with the Cleveland Indians. Wood returned to the Cubs, the team that drafted him, last season to conclude his career. He retires with a career ERA of 3.76 and 1,581 strikeouts (career strikeouts/nine innings ratio of 10.3 and a K/BB ratio of 2.37).

Father Time catches up to everyone, sooner or later. It is almost always “sooner” for professional athletes that do not kick a ball or are named “Moyer” or “Vizquel”. I wish Wood the best in his retirement. I also wish I could have seen what would have been had Wood been healthier during his career.

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1) Image from www.deadspin.com

The Cubs' New Runt of the Litter

Chicago Cubs manager Dave Sveum announced that relief pitcher Carlos Marmol (0-1, 6.23 ERA, 2 SV, 2 BlSV) would be demoted from the closing duties in the Cubs bullpen. The Cubs have not been in the playoff race in several years. Marmol is just the latest in a long line of examples of bad managerial decisions that have handcuffed the team and kept the Cubs from acquiring the talent needed to be competitive in the bat-heavy National League Central.

Marmol has two years remaining on his contract that will call for a total of $17 million in salary over the 2012 and 2013 seasons.+ Marmol is not the first player that the Cubs invested in heavily only to come up snake eyes. How the Cubs continue to evaluate major league talent so poorly, yet expensively, is anyone’s guess. Even a broken clock is right twice per day. I can’t say that about former Cubs General Manager Jim Hendry, who is responsible for a number of the bad deal for which the Cubbies are on the hook.

He'll hang his head in embarrassment...all the way to the bank!

 Marmol now joins the following (not-so) elite fraternity:

• Alfonso Soriano, LF, age 36 (.276, 0 HR, 13 RBI; $56,000,000 over three years remaining on his contract)
• Ryan Dempster, SP, age 35 (10-14, 4.80 ERA in 2011; due $14,000,000 in 2012)
• Carlos Zambrano, SP, age 31, traded to the Miami Marlins in 2012 (4.82 ERA in 2011; signed a 5 year, $91,500,000 contract in 2008, all but $2.5 million paid by the Cubs)

The Cubs have other underachieving, overpaid players on the roster, though none crippling the team with the transactional immobilization of the four aforementioned players. The Cubs have nine players on their 25 man active roster earning less than $600,000 per year. The average MLB salary is in excess of $2,000,000.

 

Money is not limitless. Those contracts are immovable. And you are not going to win a lot of games with high paid players not performing and a bunch of your players commanding a market value of a quarter of the MLB average. Keep it going, Cubbies!

+ Source of salary information: www.baseballreference.com

 

Image from www.mlbmemes.com

The Hot Stove is Warming Up

The World Series Champion St. Louis Cardinals game us a seven game battle royale with the American League Champion Texas Rangers that baseball fans will remember for years. While the images from that titanic series will forever be frozen in time through the miracles of modern media, the teams and their rosters are not frozen. Contracts expire; players get traded.

The big free agent, Albert Pujols, will be flying with the Angels next year instead of Redbirds. A number of significant free agent moves have also taken place. Closing pitchers and other role players have already begun to move teams. Meanwhile, big sluggers, like Prince Fielder, are seeking the best opportunity to cash in on their career resumes.
Here are the big transactions in this offseason’s hot stove:

Los Angeles Dodgers

Matt Kemp, CF - 8 years, $160 million - This was a resigning that the Dodgers absolutely, positively had to make happen if they were to return to a competitive state. Many argued that Kemp should have been the National League M.V.P. That number has likely increased in light of reigning N.L. M.V.P. Ryan Braun's positive test for performance enhancing drugs. This was one mega-deal that few critics questioned the wisdom of.

Jerry Hairston, Jr., SS - 2 years, $6 million - The well-traveled Hairston offers the Dodgers an often unsung asset - a shortstop who it consistent and competent with the stick. At age 35, Hairston hit .270. Barring an unforeseen and dramatic drop off, the Dodgers got better with this move.

Kemp may not be with Rihanna anymore, but he has 160 million friends to help him move on. 1

Texas Rangers

Joe Nathan, CP – 2 years, $14.5 million - The defending two-time American League champions have to shake off the enormous missed opportunity (being one strike away, twice, from winning) in the World Series. Singing a top tier closer in Joe Nathan and promoting a young star who may have too much potential to remain a closer, 2010 A.L. Rookie of the Year Neftali Feliz, to the starting rotation are the progressive steps that the Rangers need to take to make a third run for the MLB mountain top.

With Feliz moving to the starting rotation, he can better help his team recreate moments like these. 2

Cleveland Indians

Grady Sizemore, CF – 1 year, $5 million - Five million dollars is a lot of money for an outfielder with above average power, but below average contact and below average health, approaching age 30. It is even more puzzling considering that the Indians were a team in first place for most of the year, but sputtered after the All-Star break in 2011 as Sizemore has not played 110 games or more since 2008. Still, there is something to be said for retaining talent. Sizemore functions in a leadership role in the Indians clubhouse and should he stay healthy and/or return to his pre-2009 form with the bat, his contract will appear to be a small risk in hindsight.

Kansas City Royals

Jonathan Broxton, CP – 1 year, $4 million - When a team like the Dodgers, with financial problems, resigns its star to a long term, $20 million/year contract, other talented players have to be allowed to leave. When a team like the Royals, which has taken baby steps over the past two year to be more competitive, can pick up a piece like Broxton, one of the better closers in the majors, it is a win-win for baseball.

Chicago Cubs

David DeJesus, RF – 2 years, $10 million - The Cubs have crippled themselves with bad signings in recent years. Committing $10 million in payroll to a 31 year old outfielder whose batting average dropped by nearly 80 points from the prior year, and 40 points below his career average, falls in line with that pattern.

Colorado Rockies

Ramon Hernandez, C - 2 years, $6.4 million - With the defection of long time catcher Chris Iannetta to the Los Angles Angels to join MLB's version of the "Dream Team", the Rockies may have been backed into a favorable free agency corner. The 34 year old veteran catcher, formerly with the Cincinnati Reds, is coming off of the best two year stretch as a contact hitter of his entire career.


Miami Marlins

Heath Bell, CP - 3 years, $27 million - Lots of style....

Jose Reyes, SS - 6 years, $106 million - ...How much...

Mark Buehrle, SP - 4 years, $58 million - ....substance?

Miami: A city doomed to repeat history. 3

Minnesota Twins

Matt Capps, CP - 1 year, $4.8 million - In Louisiana, our Governor, Bobby Jindal, has a catch phrase, "Doing more with less." The Twins are doing just that. After losing long time closer Joe Nathan to free agency, the Twins picked up a very capable closer, in Capps, and committed $9 million less in total payroll and close to $3 million in 2012 salary (compared to Nathan) to do so. For a team with very capable starting pitchers, this was a prudent move.

Josh Willingham, LF - 3 years, $21 million - Willingham will offer the Twins some of the bases-clearing power their lineup has lacked since Torii Hunter left for Anaheim four years ago and Joe Mauer and Justin Morneau began having assorted ailments, causing the stars to miss games.


San Diego Padres

Huston Street, CP - acquired via trade with Colorado Rockies; 1 year, $7.5 million remaining -

The Padres are another team trying to do more with less, with one of the smallest payrolls in the majors. That is why picking up the big dollar contract of a declining closer in Street is a head scratcher.


Boston Red Sox

David Ortiz, DH - accepted salary arbitration - Big Papi expressed that it was time for a change after the Red Sox were eliminated from the playoffs on the final day of the 2011 regular season. I guess his watch was fast.


Milwaukee Brewers

Francisco Rodriguez - accepted salary arbitration - Just because K-Rod accepted arbitration does not mean he will be in Milwaukee next season. There has been speculation in the sports media about the possibility of the Brewers dealing Rodriguez, post-arbitration.

Aramis Ramirez, 3B - 3 years, $36 million - As I mentioned, the Cubs signed a lot of players who under delivered. Ramirez was not one of them. His bat is going to help replace some of what the Brewers will lose with the imminent defection of Prince Fielder.

Toronto Blue Jays

Kelly Johnson, 2B - accepted salary arbitration - The Blue Jays have had trouble retaining talented players. There is no better way, in MLB, to show a player the money than arbitration.


Los Angeles Angels

Albert Pujols, 1B - 10 years, $254 million - Last name "Ever,"...first name, "Greatest"? Possibly. The Angels paid a fortune of a premium to acquire the game's best player. This deal may prove costly at the back end of the contract. However, in the American League, the Angels will be able to move Pujols to the designated hitter position as he approaches age 40 and begins to slow down. Big risk...big reward.

C.J. Wilson, SP - 5 years, $77.5 million - The Angels made power moves in both aspects of their game: hitting with Pujols and pitching with former Rangers ace C.J. Wilson. Some analysts have argued that Wilson is not the prototypical MLB ace pitcher (particularly last postseason, while frequently being compared to Cliff Lee of the Philadelphia Phillies), in spite of being consistent and successful over the years. With the arrival of Pujols and the return of Kendrys Morales from a nearly two year hiatus, due to injury, Wilson will have plenty of run support to afford to be "almost" a "true" ace.

Right now, the Dodgers are the "other team" in Los Angeles. 4

To advertise with The Daily Hat Trick, or to submit a guest column, please contact the editor at eric@thedailyhattrick.info.

The Daily Hat Trick is sponsored by Sports N Stuff. For great deals on jerseys, shirts, cologne, and other guy stuff, visit http://www.sportsnstuff.biz/.

1) Image from www.mrsgrapevine.com
2) Image from http://www.sfgate.com/
3) Image from http://themiamiheatchampions.wordpress.com/
4) Image from http://www.nasorb.com/