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

Sleeping With The Ememy?

Former Houston Astros and current San Francisco Giants outfielder Hunter Pence has a way with the ladies. Pence has been romantically linked to former Playboy Playmate Shannon James, a subject of the Hat Trick Chick Pic earlier this year.

Of course, the Cardinals and Giants square off in San Francisco in less than two hours for Game 7 of the 2012 National League Championship Series. The winner of tonight's game will host the American League champion Detroit Tigers on Wednesday in Game 1 of the 2012 World Series.

One person who may not be rooting for the Giants tonight is Lindsay Slott. Ms. Slott is Hunter Pence's ex-girlfriend. There are several unconfirmed reports on various blogs on the Internet that suggest that Pence broke up with her after he was traded from the Astros to the Philadelphia Phillies in 2011. So, if Slott rooted for the Cards (a division rival of the Astros) out of spite, would she be selling out her hometown? Hmm....

Regardless, she is the subject of today's Chick Pic.


Ms. Slott is a former cheerleader with the Houston Texans of the NFL. 1

I wonder if Pence realizes just how good he has it, when you can dump chicks like this. 2

Don't hate the player; hate the game! 3



He's just livin' the dream. 4

 1) Image from www.velocitypac.com
2) Image from www.bleacherreport.com
3, 4) Images from www.thebiglead.com

Aaron Boone Must Be Enjoying Retirement

Postseason legend Aaron Boone, formerly of the Houston Astros, played his last game in 2009 in large part due to a heart ailment that required surgery to replace a valve. Boone's surgery was in the spring and he returned by September. It kind of makes me wonder why he didn't try to play one more season and go out more on his own terms. Then, I saw a picture of his wife, October 1998 Playboy Playmate of the Month, Laura Cover.



Yeah, I'd spend more time at home, too! 1

1) Image from www.umpbump.com

What Ever Happened to Sara Saco-Veritz?

Remember the girl whose boyfriend jumped out of the way of a foul ball at a Houston Astros game in 2010, resulting in the girl being hit with the ball. With baseball season getting started, and the Astros being my favorite team, I thought I would share the following with The Hat Trick readers!

Scroll to 3:10. Bo Wyble (boyfriend): Complete tool! Video from YouTube.

Ms. Sara Saco-Veritz: I'm not sure if that dude messed up by letting her get hit or if he made a wise decision, hoping she'd break up with him and he could RUN! You can't take her home to Mom! 1

1) Image from www.sportsgrindent.com

Baseball’s Greatest Night Ever

The title may appear to be hyperbole. After all, major league baseball is in its 143rd season of existence in America. There have been over 200,000 games played in the history of the major leagues.

Baseball, unlike any other major American sport, has fans and historians who follow the game and know its origins with an academic-like precision. Like many, I was glued to my television set before, during, and after the pivotal ball games. There were many occurrences, on the same night (concluding within the span of a few minutes) that happened for either the first time or had not happened in over a half century. Without question, Wednesday night was the greatest evening of regular season baseball in the history of the sport.

"You don't believe in curses? We'll see about that!" 1

WIN AND LIVE ON

There were four games played that would determine which team would clinch the final Wild Card spot in both the National and American League. The Tampa Bay Rays and Boston Red Sox were tied in the AL while the St. Louis Cardinals had rallied to tie Atlanta Braves in the NL heading into the final day of the season. The New York Yankees at Tampa, the Red Sox at the Baltimore Orioles, the Philadelphia Phillies at Atlanta, and the Cardinals at the Houston Astros would decide who would and who would not play on after the evening.

The Cardinals took care of business first, then sat back and watched the mayhem. 2

FREE BASEBALL

The walk off hit, in which the game is ended during the final plate appearance, is the most exciting play in a baseball game. They do not happen very often, and they always leave the home crowd with a thrill. Three of the four aforementioned, crucial games ended either with walk off hits or in extra innings. Only the game between the Cardinals and Astros, which the Cards won 8-0, was in the bag before the final swings were taken in the 9th inning.

The Philles nipped the Braves by tying the score in the 9th then taking the lead, 4-3, in the 13th inning. The Orioles beat the Red Sox with a walk off hit to cap a two run 9th inning. The Tampa Bays Rays finished off a historic, miraculous comeback against the Yankees in front of their fans with a walk off home run by Rays third baseman Evan Longoria in the bottom of the 12th inning.

Evan Longoria sends the Rays to the playoffs! 3

MLB HEIMLICH NIGHT

The choke jobs pulled off by multiple teams in one night, resulting in the two biggest September collapses in the history of baseball, taking place in the same season, is unprecedented. I stand to be corrected if anyone can provide evidence to the contrary, but I have yet to see it or hear it from anyone in our modern-day 24 hour news cycle. The Yankees, Braves, and Red Sox all led their opponents with two outs in the opponent’s half of the 9th. The Rays and Orioles were down to their final strike. All three teams on ICU would end up winning.

The most unlikely ending was between the Yankees and Rays. The Rays trailed the Bronx Bombers 7-0 at the start of the 8th inning and the Red Sox appeared to be playing with house money for most of the evening. A Rays loss would ensure the Red Sox no worse than a one game playoff in Tampa yesterday.

In case you didn’t pay your cable bill and just don’t believe in getting your sports news from the Internet, the Rays ripped off a 6 run 8th inning, sparked by a three run home run by Evan Longoria, then, down to their final strike, pinch hitter Dan Johnson (.119, 2 HR, 4 RBI) hit a solo home run to send the game into extra frames. Longoria would cap off the historic comeback with a walk off solo shot in the 12th.

The Yankees, a franchise whose history dates back to the turn of the 20th century, have only allowed two losses, ever, after leading by seven runs in the 8th inning, the last time being in 1953, according to MLB Network. Major League Baseball only had one instance in which a walk off home run in a regular season game clinched a playoff berth, the legendary “Shot Heard ‘Round the World” by Bobby Thomson of the New York Giants in 1951. Baseball fans witnessed sports history last night.

Of course, in the broader scope the bigger historic event was the totality of the Braves and Red Sox surrendering 8.5 and 9 game Wild Card leads, respectively, in a single month of play. No team had ever surrendered a 9 game lead for a playoff spot in the history of baseball. Yet the Red Sox meltdown and the Braves September choke, similar in scope, happened in the same season and concluded within less than an hour of one another.

The Orioles acted like they won the World Series. This was their World Series. A Red Sox player looks on (left). For the Sox, there won't be any World Series this year. 4

FOUR…THREE…TWO…ONE

There were four playoff-deciding games played on Wednesday night. There were three games decided in the bottom of the 9th inning or later. There were two historic September collapses. Wednesday was the one, single greatest night in the history of Major League Baseball.

These fans left Tropicana field early. BOY did they screw up! 5

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1) Image from www.allposters.com
2) Image from www.vivaelbirdos.com
3) Image from www.nj.com
4) Image from www.nytimes.com
5) Image from www.baseballnation.com

Houston, You Have a Problem

Baseball Hall of Fame manager Tommy Lasorda often said that every team in Major League Baseball will win a third of its games, no matter how bad the team is, and every team will lose a third of its games, no matter how good the team is. I remember first hearing that when Lasorda’s Los Angeles Dodgers were having a 1992 season to forget, though they did pass the 54 game plateau.

Ever since then, I would glance at standings at the end of each season and, true to form, both numbers in the win and loss columns of every team has almost always had a number greater than or equal to 54. The few times in which there has been an exception to this rule, the team in question, depending on which column had the high number, stood out as being a remarkably good or incredible bad rarity.


CAN THE ASTROS GET INTO "STUDIO 54"?
The 2011 Houston Astros, with two months remaining in the season, are on pace to join that dubious club of teams with less than 54 wins. With a record of 35-73, the Astros are on pace to win 52 games this year. Every professional sports team...every business succeeds or fails in part because of its competitive environment, the talent level of its human resources, and a little luck. However, the true measure of success or failure comes from the top of any organization.

The Houston Astros, while they have not been in even the most remote playoff discussions since 2008, have had plenty of talented players on their roster in recent years. Remember that this franchise was in the World Series just six years ago. The Astros sank to the abyss of Major League Baseball franchises in 2010. Instead of embracing their strengths and correcting their weaknesses, the Astros chose to clean house, have a fire sale, and unload their most valuable assets in exchange for multiple prospect players.

THESE folks have a reason to dump all of their salvagable inventory. 1

MORTGAGING THE PRESENT FOR THE FUTURE
I am not into minor league scouting, but from what I have been hearing from analysts, the Astros did pick up some talented and promising young players. However, these prospects are not likely to be everyday regular players for 2 or 3 more years. A team, already struggling to win a single game, trading away the few people who can help it win for players who will not see the field next season does not sound like a fan friendly formula for success.

Roy Oswalt with the Phillies.... The Astros aren't doing much winning with all of that talent. Why not spread the wealth? 3

Even worse, I do not think the Astros need to be as bad as they are. Last season, the Astros traded away franchise icon pitcher Roy Oswalt to the Philadelphia Phillies and another iconic mainstay in first baseman Lance Berkman to the playoff bound New York Yankees. This year Berkman (.286, 28 HR, 72 RBI), now with the St. Louis Cardinals (who are in the thick of the National League Central division race) has a chance to win the National League home run title and Oswalt (4-6, 3.79 ERA), while having missed some starts due to injury, is a contributing member of a rotation that is leading the Phillies on the right path to a third National League championship in four seasons. This year the Astros continued to make other contenders better and move themselves to the top of the list to receive post season thank you cards from other general managers by trading All-Star Hunter Pence (.306, 11 HR, 63 RBI) to the Phillies and former All-Star and Gold Glove winner Michael Bourn (.303, 1 HR, 32 RBI, 39 SB) to the Atlanta Braves, chasing the Phillies in the NL East and leading the National League Wild Card race.

Pence: "WOW! We scored a RUN! I could get used to this!" 4

So, let’s see. There are nine players in a baseball game at any given time. The Astros have traded four productive former All-Stars, three of which are every day players, to teams that are serious playoff contenders. Now, call me crazy, but if three of your eight regular players are good enough to help a good team get better, does it not stand to reason that, together, they could help a bad team get back to respectability? Does it not stand to reason that these established players will get your team further along the path to success more quickly than unproven and unknown players that your fans will not see for years?

The Astros had better have some money in the piggy bank or this could be in their future. People are not piling into Minute Maid Park in droves to see them for a while. 2

MINOR LEAGUE
The Astros may not win a third of their games this year. They may not be of interest to the casual Astros fan in Houston. They may have watered down their 25 man roster so badly that an elite AAA team appears more competitive, in contrast. However, the Astros front office management will be long time favorites of their peers for several years to come.


Don't forget to vote in the fan polls!

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


1) Image from flickr.com
2) Image from foreclosedhomesforsale.com 
3) Image from zimbio.com