4:16pm

Fri July 22, 2011
The Commonwealth

Louisville Slugger Loses Appeal

An appeal by Louisville Slugger to the Supreme Court of Montana was unanimously rejected Thursday.  The appeal was filed in response to a 2006 judgment. In 2003, 18-year-old pitcher Brandon Patch died after a baseball hit him in the face. The ball was struck by an aluminum bat made by Louisville Slugger.

The boy’s family sued the bat manufacturer, claiming that the company did not adequately warn of the dangers associated with the bat.

In 2006, a Montana jury awarded the boy’s family $850,000.  The company’s appeal asked for a new trial citing improper procedures and maintained among other things that Patch assumed the risk by playing the game.

However, Supreme Court justices in Montana rejected all of the company’s arguments saying it failed to show the boy was aware of the risks.  Officials with Louisville Slugger did not return a request for comment.