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MrRoboto83
04-11-2009, 05:57 PM
http://www.nwi.com/articles/2009/04/10/news/lake/doc3d7ceac7467b002d862575930082eb4c.txt

Say goodbye to the Chevy Pride Crew.

stl_sox_fan
04-11-2009, 06:04 PM
Today we salute you "Mr T-Shirt Launcher Inventor"!!!!

MarySwiss
04-11-2009, 06:05 PM
There was something about this in today's online Sun-Times as well. The comments there pretty much echo the comments in this article.

As we grow increasingly litigious as a society, looks like anyone can sue anyone for anything, pretty much. I'm thinking of suing my banjo teacher because I broke a nail while doing finger rolls. I'm thinking that should be worth a couple of hundred thou.

Sheesh!

Huisj
04-11-2009, 06:06 PM
The attorney says he "thinks" it's a fairly serious injury? If it's enough for a lawsuit, shouldn't they be sure it's serious?

stl_sox_fan
04-11-2009, 06:08 PM
As we grow increasingly litigious as a society, looks like anyone can sue anyone for anything, pretty much.
Sheesh!

When my brother was studying for his CPA, I was in awe of the stuff in the law section about frivolous cases brought forth and won. Jury of my peers....I think not.

nasox
04-11-2009, 06:10 PM
At first I thought this was because they had received bailout money. This makes more sense though.

Soxfanspcu11
04-11-2009, 07:52 PM
This guy lives not too far from Me. Maybe I will pay him a visit and ask why he is doing this. It's such a stupid and pointless lawsuit.

People go crazy for those shirts and for homerun/foulballs. Although I am not sure why people go so nuts for the shirts when you can just get them for free up on the concourse but anywho.....

Since My Season Tickets are out in the bleachers, basically exactly where Thome's HR ball landed on Opening Day, I can't tell you how many times I have been mauled going for a ball. **** happens. Once I got jacked in the eye by some guys widly swinging elbow. Another time I got My back scratched VERY deep by a guy with fingernails like raptor claws. And yes I had a shirt on, his damn claws went THROUGH it! I still have the scars on My Back from it! So, I should have sued the Sox right? Talk about pain and suffering. I have to go through the rest of My Life with scars on My Back from some guy who doesn't know what scissors are. However, not once did I think of suing the Sox. That's just beyond stupid.

If your going to go to a game, you need to be aware of your surroundings and cognisent of the fact that something like this could happen. I feel bad for him that he suffered an injury but seriously man, let it go. My Friend and I were watching the scrubs warmup before a Sox/scrubs game at Comiskey in 2006 and the scrubs players were all lined up by the foul line playing catch. This one player (can't recall who) was playing catch with Kerry Wood. Wood has his back to the stands about 10 feet in front of them. And you know how that goes, everyone lines up there trying to get autographs and what not.

Well, We were standing about 8 or so rows back just watching them warmup and stuff and the player sends one to Wood VERY high that sails over his glove and PLONK, hits My Friend dead center in the forehead. You could hear the impact. I mean it sounded like a bat hitting the ball. Well needless to say, My Friend was quite pissed and he let out a string of expletives. We went to the bathroom to look at it and sure enough, a huge knot had started to form right in the middle of his head.

Within 20 or so minutes, the knot had swelled to HUUUUUUUGE and it was about the size of a baseball. He was embarrased to walk around like that so We had to go to the cap corner so he could buy a hat to cover it up.

Now, he never once thought of suing either and it was never even brought up between Us. We laughed about it and still laugh about it to this day but never did that cross our mind once.

Seems to Me, My Friend would have had a pretty good case for a lawsuit but it's just pointless. Sure, everyone would like extra money but come on! He could have at least contacted the Sox and asked them to re-imburse him the 33 dollars that he spent on the hat!!

Anyway, this story is just lame. This guy needs a wakeup call.

34rancher
04-11-2009, 08:01 PM
The attorney says he "thinks" it's a fairly serious injury? If it's enough for a lawsuit, shouldn't they be sure it's serious?

If it's that serious, wouldn't they have sued 2 years ago when it happened? Jeez, one would think the statute of limitations had passed.

Also, can I sue that guy for taking 2 minutes of my life back I can never get?

CWSpalehoseCWS
04-11-2009, 08:07 PM
What an idiot. I'm glad his back is "hurt."

Huisj
04-11-2009, 09:04 PM
People go crazy for those shirts and for homerun/foulballs. Although I am not sure why people go so nuts for the shirts when you can just get them for free up on the concourse but anywho.....

I noticed this more than ever a week or so ago at the NCAA slam dunk and 3-point contest in Detroit. That event has tons of dead time for TV commercial breaks where there is absolutely nothing going on, so you really noticed how insane people went when dancers or other people would start throwing free t-shirts around. I don't get it how a white T-shirt with a dumb logo on it can make perfectly respectable people of all ages go absolutely berserk.

oeo
04-11-2009, 09:13 PM
I thought the t-shirts have always been tossed...:scratch:

DSpivack
04-11-2009, 09:18 PM
If it's that serious, wouldn't they have sued 2 years ago when it happened? Jeez, one would think the statute of limitations had passed.

Also, can I sue that guy for taking 2 minutes of my life back I can never get?

You have the right to file a lawsuit for whatever reason. The judge has the right to throw it out immediately for frivolity, too.

cws05champ
04-11-2009, 09:28 PM
I'm thinking of suing the White Sox for having to watch the bullpen in 2007. I mean Ryan Bukvich, Mike MacDougal AND Boone Logan...talk about cruel and unusual punishment.

Dolanski
04-11-2009, 10:06 PM
First Maude Flanders, now this guy... someone save us from the tshirt cannons!

parlaycard
04-11-2009, 11:33 PM
Not that i care either way, but im not sure the Chevy Pride crew uses t shirt cannons.

I know theyre used at Bulls games, but i dont think at Sox games.

oops

DumpJerry
04-11-2009, 11:46 PM
It's in federal court only because of the diversity of the parties (Indiana and Illinois), however Illinois law will be applied. Given this, the fact that the reporter in the link made mention of the fact that it was in federal court shows once again how ignorant the mainstream media is when it comes to legal affairs.

There are too many facts missing from the story to make sense of it. If you are not interested in obtaining a tee shirt, whether launched, thrown or dropped from the Space Shuttle, you sit in your seat. If you're in your seat, you're not gonna get hurt.

If it comes out from one witness or the guy suing that he in any way participated in any activity to obtain possession of said shirt(s), then he's toast based on a contributory theory.

Sox
04-12-2009, 12:02 AM
This whole case reminds of the M*A*S*H episode with Whiplash Wong....a Korean national who would step out in front of US military jeeps to get hit and then claim whiplash.

soxfan21
04-12-2009, 08:39 AM
Moron.

dickallen15
04-12-2009, 08:47 AM
It's in federal court only because of the diversity of the parties (Indiana and Illinois), however Illinois law will be applied. Given this, the fact that the reporter in the link made mention of the fact that it was in federal court shows once again how ignorant the mainstream media is when it comes to legal affairs.

There are too many facts missing from the story to make sense of it. If you are not interested in obtaining a tee shirt, whether launched, thrown or dropped from the Space Shuttle, you sit in your seat. If you're in your seat, you're not gonna get hurt.

If it comes out from one witness or the guy suing that he in any way participated in any activity to obtain possession of said shirt(s), then he's toast based on a contributory theory.

What if he was walking down the aisle returning to his seat or he was going up to use the washroom? I have seen people go after these shirts, I actually saw a man knock over a little girl for one. Its a cheap t-shirt. I don't know if this is a BS suit or not, but they probably should stop throwing shirts into the stands, its nuts. They throw them out of the televsion booth during the 7th inning stretch. Just watch the drunk guys fall all over the place trying to get one. These shirts are of no better quality than the ones you can get a Walgreen's 10 for $10. Sure they have a White Sox logo on the back and a Chevy logo on the chest. If you wear it once and wash it, it becomes a rag.

dickallen15
04-12-2009, 08:51 AM
If it's that serious, wouldn't they have sued 2 years ago when it happened? Jeez, one would think the statute of limitations had passed.



That doesn't mean anything. How do we know his attorney hasn't been trying to settle with the White Sox since the incident, but the talks went nowhere?

It might be garbage, it might not. We don't know the entire story and as been reported before, any legal stuff you get from the media is usually very wrong.

dickallen15
04-12-2009, 08:53 AM
Not that i care either way, but im not sure the Chevy Pride crew uses t shirt cannons.

I know theyre used at Bulls games, but i dont think at Sox games.

oops

I don't know if they do either, but I do know they have in the past. Maybe when they became aware of this potential "problem" they stopped using them. I have no idea.

Railsplitter
04-12-2009, 01:54 PM
First Maude Flanders, now this guy... someone save us from the tshirt cannons!

I was thinking of poor Maude when I came on your comment.:(:

TDog
04-12-2009, 04:24 PM
There was something about this in today's online Sun-Times as well. The comments there pretty much echo the comments in this article.

As we grow increasingly litigious as a society, looks like anyone can sue anyone for anything, pretty much. I'm thinking of suing my banjo teacher because I broke a nail while doing finger rolls. I'm thinking that should be worth a couple of hundred thou.

Sheesh!

From the facts presented (and there really aren't enough to make any sort of a judgement) there is no indication that this is a frivolous lawsuit or even ridiculous on its face. It doesn't look like the defendant has a winning case, but spectators have been suing baseball teams almost as long as there has been professional baseball.

I don't know about Illinois caselaw, but the California string of precedents goes back to early in the last century and is wrapped up in assumption of risk. The cases usually involve batted or thrown balls. There also are cases involving hockey spectators and pucks. I did see one case where a plaintiff won a judgement against a baseball team after suing over being hit with a foul ball. In that instance, the Rancho Cucamonga mascot, a dinosaur, distracted a spectator with his tail before he was hit with a foul ball and injured. Defendants prevailed in other such cases I found. And T-shirts being shot or flung into the stands are far less random than foul balls.

Lots of people have sued the White Sox over injuries sustained at the ballpark, in relation to being struck by objects from the being injured by other fans in reaction to objects coming from the field. If this attorney believes he has a legal theory that makes this case different, I wouldn't call it frivolous. If he does not, the suit won't long survive.

fusionspill
04-12-2009, 04:26 PM
I thought the t-shirts have always been tossed...:scratch:

The attorney says he "thinks" it's a fairly serious injury? If it's enough for a lawsuit, shouldn't they be sure it's serious?

sounds like to me somebody had one too many that day, I have never been to a game that that used those cannons. There is not a single word in that article that states he went to the hospital or if help was requested if he was "seriously injured"

This lawsuit is a joke.

does anybody know how to get the lawsuit information?

DumpJerry
04-12-2009, 04:27 PM
sounds like to me somebody had one too many that day, I have never been to a game that that used those cannons. There is not a single word in that article that states he went to the hospital or if help was requested if he was "seriously injured"

This lawsuit is a joke.
I see the cannons used at about 85% of the games.

Frankfan4life
04-12-2009, 04:34 PM
I don't know if they do either, but I do know they have in the past. Maybe when they became aware of this potential "problem" they stopped using them. I have no idea.I don't see what difference it makes in this instant case whether the t-shirt was flung into the stands by a person or if it came out of a canon. The guy didn't claim that the flying t-shirt hurt him. He claims that his injury was the result of fans mobbing him because he was in the midst of a t-shirt-grabbing frenzy.

I think the flying t-shirt idea is stupid anyway so I wouldn't mind seeing it end.

fusionspill
04-12-2009, 04:34 PM
I see the cannons used at about 85% of the games.

really? I guess they switch around depending on the game then

dickallen15
04-12-2009, 06:32 PM
I don't see what difference it makes in this instant case whether the t-shirt was flung into the stands by a person or if it came out of a canon. The guy didn't claim that the flying t-shirt hurt him. He claims that his injury was the result of fans mobbing him because he was in the midst of a t-shirt-grabbing frenzy.

I think the flying t-shirt idea is stupid anyway so I wouldn't mind seeing it end.

If they throw them, they have more control of where its going. With the cannon, the $1 t shirt is up for grabs.

Soxfanspcu11
04-12-2009, 06:53 PM
Lots of people have sued the White Sox over injuries sustained at the ballpark

My Friend, who is a yankees fan and also happens to be an absolute moron threatend to sue the Sox after he was jumped by a group of 8 White Sox fans because he was at a Sox/yankees game wearing his yankee jersey. I'm sure that My Friend was running his mouth and that was probably the reason he got jumped but whatever the reason, it happened.

So he ended up with a broken nose, eyesocket, lost a bunch of teeth, sustained a concussion, broke his collar bone and was beaten unconscious. It happened in the stadium as he was coming out of the bathroom. Where was the security? Your guess is as good as mine. However, he did not have to go through with the lawsuit because the Sox offered to pay all of his medical expenses, which I thought was pretty cool. He didn't have health insurance at the time and the hospital visit and stay and all that ended up costing him $95,000. So he would have been pretty screwed if they didn't pay it. Now the way I see it, the Sox probably could have gotten out of it since he probably provoked it in the first place but they took the high road and just decided to pay it.

At any rate, this lawsuit is stupid and I believe that they use those slingshot thingys. At least, I have seen them using them before.

kittle42
04-12-2009, 07:08 PM
My Friend, who is a yankees fan and also happens to be an absolute moron threatend to sue the Sox after he was jumped by a group of 8 White Sox fans because he was at a Sox/yankees game wearing his yankee jersey. I'm sure that My Friend was running his mouth and that was probably the reason he got jumped but whatever the reason, it happened.

No, the reason it happened is that the 8 White Sox fans are some of the stupidest people on the planet.

35th&Shields
04-12-2009, 09:37 PM
As we grow increasingly litigious as a society, looks like anyone can sue anyone for anything, pretty much. I'm thinking of suing my banjo teacher because I broke a nail while doing finger rolls. I'm thinking that should be worth a couple of hundred thou. Sheesh!

1. There are fewer personal injury lawsuits today than in years past. Actually, most lawsuits are filed by businesses against individuals or other businesses.

2. This is a difficult case. Unless there are more facts not given in the article or it is a very, very serious injury, I'm not sure why an attorney would want to handle this case. I wouldn't. I also don't know why they filed it in Federal Court when they could have filed it in Cook County Circuit Court.

3. You can't just sue for anything. Frivolous cases get thrown out by judges. Judges are busy, if they can launch a silly case and get it off of their call, they do it. Frivolous cases that don't get thrown out go to juries that give Not Guiltys or minimal damages. The idea of "runaway lawsuits" is a myth promoted by "big business" and insurance companies.

4. Please don't bring up the McDonald's coffee cup case. The facts of that case have been grossly "misreported" by the media. Check out this rundown of the actual facts of that case. (http://www.chicagolandpersonalinjury.com/2008/11/rebuttal-to-stella-awards.html)

geraldfritz
04-12-2009, 09:44 PM
So, this guy is suing because a tshirt was launched into the stands and he got hurt because people pushed him to get it....hmmm, maybe he should read the back of the ticket where it states something along the lines of, "The white sox and MLB are not responsible for any injuries resulting from bats, batted balls, or other objects flying into the stands. by being a ticket holder, you automatically are responsible for any injuries resulting during the game. " something like that

Frontman
04-12-2009, 09:54 PM
The attorney says he "thinks" it's a fairly serious injury? If it's enough for a lawsuit, shouldn't they be sure it's serious?

"This is a test of the client's ability to fleece a professional baseball team. The t-shrit tossers of your area in voluntary cooperation with the Federal, State and local authorities have developed this delivery system to keep you court in the event of an injury. If this had been an actual injury, the statement's you just heard would have been followed by official information, news or description of the injuries. This Pride Crew serves the US Cellular Field lower deck area. This concludes this test of the fleecing of the Chicago White Sox."

I_Liked_Manuel
04-12-2009, 10:51 PM
I also don't know why they filed it in Federal Court when they could have filed it in Cook County Circuit Court.

I don't want to get this thing sent to the roadhouse, but the answer to this should be pretty obvious

DumpJerry
04-12-2009, 10:55 PM
2. This is a difficult case. Unless there are more facts not given in the article or it is a very, very serious injury, I'm not sure why an attorney would want to handle this case. I wouldn't. I also don't know why they filed it in Federal Court when they could have filed it in Cook County Circuit Court.
I already covered this issue (http://www.whitesoxinteractive.com/vbulletin/showpost.php?p=2195985&postcount=16). If it was filed in Circuit Court, it would have been removed to Federal Court in about ten minutes because of diversity. Also, as all PI lawyers in Chicago know, you get a quicker resolution in Federal Court than in the Circuit Court of Cook County.

voodoochile
04-12-2009, 10:56 PM
I don't want to get this thing sent to the roadhouse, but the answer to this should be pretty obvious

Actually, there could be a lot of reasons. Sometimes the laws are different. Federal laws tend to have lower burdens of proof and wider applications. The other side though is if you fail to prove your case in federal court, you can't go back and sue locally. However the opposite is normally true for local courts - you can always go up the ladder, but rarely down.

DumpJerry
04-12-2009, 11:03 PM
I don't want to get this thing sent to the roadhouse, but the answer to this should be pretty obvious

Actually, there could be a lot of reasons. Sometimes the laws are different. Federal laws tend to have lower burdens of proof and wider applications. The other side though is if you fail to prove your case in federal court, you can't go back and sue locally. However the opposite is normally true for local courts - you can always go up the ladder, but rarely down.
Manuel: it is obvious because of diversity.
Voodoo: No federal laws are being used here. Illinois law is being used here in a Federal Court.

Chez
04-13-2009, 07:26 AM
What if it turns out that the this is the 12th incident in the last two years of someone being injured in a t-shirt scrum and that White Sox management knew about the 11 prior incidents and refused to do anything to reduce the likelihood that someone would get injured in the inevitable dog pile which follows every t-shirt finding its way into the crowd? Would that change everyone's knee-jerk reaction that this is "frivolous?" Back injuries can be debilitating (I read so on this board last week). Let's wait until we know more facts before jumping to conclusions -- the media report is light on details.

TaylorStSox
04-13-2009, 07:53 AM
Last season some idiot of a grown man dove on my mother (in her 60's) and niece (4 at the time) to get a foul ball. The guy was easily in his 40's and they never left their seats. In defense, my mother kicked the guy as he scrambled under her legs to retrieve the ball. Luckily nearly the whole section boo'd the guy for the rest of that half inning. If the crowd hadn't punished the boob, I probably would have done something I'd regret later.

Obviously, suing the club is an idiot reaction. However, it still amazes me to see the things morons will do for a foul ball or a free t-shirt. Darwinism at it's finest.

Viva Medias B's
04-13-2009, 07:59 AM
Doesn't the disclaimer, quoted below, on the back of each ticket absolve the White Sox in a case like this?

"The holder assumes all risk and danger incidental to the Game, whether occurring prior to, during or subsequent to the actual playing of the Game, including specifically (but not exclusively), the danger of being injured by thrown bats, or fragments thereof, and thrown or batted balls, thrown, dropped or launched items or projectiles, other hazards or distractions and any incidents or accidents associated with crowds of people and agrees that CWS, Visitor, MLB, Illinois Sport Facilities Authority, their respective owners, shareholders, partners, agents, players, officers, directors, contractors and employees (collectively the 'Entities') are not liable for injuries, property damage or other loss resulting from such causes. BY ATTENDING THIS GAME, TICKET HOLDER IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE ENTITIES TO THE FULLEST EXTENT PERMITTED BY LAW."

TaylorStSox
04-13-2009, 08:04 AM
Doesn't the disclaimer, quoted below, on the back of each ticket absolve the White Sox in a case like this?


Obviously I'm no student of law, but I don't think such a disclaimer makes one liability, or lack of, absolute.

Chez
04-13-2009, 08:12 AM
Doesn't the disclaimer, quoted below, on the back of each ticket absolve the White Sox in a case like this?

Probably not. Especially if the ticketholder didn't read the language or understand the legal ramifications of the language on the back of the ticket. No more binding than the stub you receive from a parking valet which claims that the valet company isn't responsible for the damage the valet causes to your car. If the ticketholder signs something which shows that he/she understood the terms of the release and knowingly accepted and consented to the terms, then it's more likely to be binding.

esbrechtel
04-13-2009, 08:14 AM
I noticed this more than ever a week or so ago at the NCAA slam dunk and 3-point contest in Detroit. That event has tons of dead time for TV commercial breaks where there is absolutely nothing going on, so you really noticed how insane people went when dancers or other people would start throwing free t-shirts around. I don't get it how a white T-shirt with a dumb logo on it can make perfectly respectable people of all ages go absolutely berserk.

America LOVES free t-shirts....

Law11
04-13-2009, 08:16 AM
I noticed this more than ever a week or so ago at the NCAA slam dunk and 3-point contest in Detroit. That event has tons of dead time for TV commercial breaks where there is absolutely nothing going on, so you really noticed how insane people went when dancers or other people would start throwing free t-shirts around. I don't get it how a white T-shirt with a dumb logo on it can make perfectly respectable people of all ages go absolutely berserk.

I caught two of these in the same inning last year in the UD and i wasnt even standing up. They shot them with the cannon and it cleared the first few rows of fans and one literally landed in my lap the next one they shot bounced off a few folks and landed in the seat two next to me.

I gave them both to kids I mean after all these shirts after one wash will be the size of a wash cloth anyway. I dont get the big attraction.

I_Liked_Manuel
04-13-2009, 08:24 AM
Manuel: it is obvious because of diversity.
Voodoo: No federal laws are being used here. Illinois law is being used here in a Federal Court.

Obviously diversity is what gets this in federal court - I was just hinting at why you wouldn't want it in Cook County.

35th&Shields
04-14-2009, 06:41 PM
I already covered this issue (http://www.whitesoxinteractive.com/vbulletin/showpost.php?p=2195985&postcount=16). If it was filed in Circuit Court, it would have been removed to Federal Court in about ten minutes because of diversity. Also, as all PI lawyers in Chicago know, you get a quicker resolution in Federal Court than in the Circuit Court of Cook County.

The incident happened in Cook County and the defendants (White Sox) are in Cook County. The Plaintiff, even if out of state, could bring the case in Cook County if they want. And while you may get a faster resolution in Federal Court, you are unlikely to get a better one than in Circuit Court.

DoItForDanPasqua
04-14-2009, 08:24 PM
I've been meaning to sue the Sox for mental anguish for some years now.

RockyMtnSoxFan
04-16-2009, 11:26 AM
I'll bet that guy was one of the ones running to catch a t-shirt and tripped on a step.

UofCSoxFan
04-16-2009, 04:24 PM
I've caught two of those things...incuding one at the blackout game last year. I'm a fairly average sized male...about 5' 11'' and 180 and I'm swimming in the thing....its too big to wear as even an undershirt.

I hate the "one size fits all" thing because it always means it only fits a person that is 6' 3'' 280.

Not worth the struggle.

UChicagoHP
04-16-2009, 05:12 PM
The comments section on that article is hilarious, on one hand the guy that pointed out Dave Babusiak was playing golf and playing quite well a year after the incident probably has a point, on the other, we don't know the whole story. The disclaimer on the back of ticket shouldn't absolve the Sox from all responsibility if they have screwed up in some way here.

Frontman
04-16-2009, 08:46 PM
The comments section on that article is hilarious, on one hand the guy that pointed out Dave Babusiak was playing golf and playing quite well a year after the incident probably has a point, on the other, we don't know the whole story. The disclaimer on the back of ticket shouldn't absolve the Sox from all responsibility if they have screwed up in some way here.

But if someone gets bumped because someone goes after the t-shirt (or a foul ball) that's not negligence on the Sox part. The next thing you know, fans will be suing players for hitting foul balls into the stands.

Iwritecode
04-17-2009, 09:41 AM
I've caught two of those things...incuding one at the blackout game last year. I'm a fairly average sized male...about 5' 11'' and 180 and I'm swimming in the thing....its too big to wear as even an undershirt.

I hate the "one size fits all" thing because it always means it only fits a person that is 6' 3'' 280.

Not worth the struggle.

I caught one at one of the "core of the core" outings a few years ago. I was just sitting there talking and happen to see it coming right at my head. It's a little small on my so I gave it to my daughter.

Alexei4president
04-17-2009, 10:59 AM
he wont get any money....gosh people sue for everything nowadays

stacksedwards
04-17-2009, 04:39 PM
White Sox owe a duty of care to the fans. Notre Dame got sued when a FG was kicked and the net was not up. There was a scramble for the ball and a lady got hurt. She sued and won.
Would be funny to sit in on the voir dire.
Juror number 1 can you please state what baseball team you cheer for.
I emailed this to a professor here at school.
He brought it up in class and he called the Cell "Altell Field".