Batty Lawsuit against New York City

A Mets fan has put the city on notice that he intends to file a $5.5 million lawsuit for a Aug. 8, 2007, flying-bat incident at Shea Stadium that left him with broken teeth, facial fractures and a split palate.

James Falzon, 48, was in the second row - along the third-base line with his dad, 11-year-old son and 9-year-old nephew - watching the Mets play the Atlanta Braves on an annual family outing to Shea.

As Mets second baseman Luis Castillo smacked a seventh-inning fly ball, his bat shattered and shards flew into the seats.

I was watching the ball," Falzon said, "and [the shards] hit me in the face. It knocked me off my chair."

The disfiguring injuries left him with massive bleeding, extensive hospital care and permanent metal plates and pins, he said.

"It broke my whole face," Falzon said.

Shea Stadium, owned by the city, has netting up to protect those sitting behind home plate. Falzon contends in Queens Supreme Court papers that there should be netting to protect other sections of seating as well

This lawsuit is so ridiculous that it borders on frivolous. Numerous lawsuits have been dismissed against the City, the Mets and the Yankees brought by fans injured during the game. The City and the team are not responsible for fans being hit by equipment leaving the field of play. That's the law. In fact, at Shea Stadium, they play a video on the Diamond Vision scoreboard at the start of the game telling fans that they should be aware at all time for equipment leaving the field of play. On the back of the ticket it expressly states that the stadium takes no responsibility for this.

Moreover, his claim that their should have been additional netting is likewise flawed. Shea Stadium has been in existence for more than 40 years. At no time was netting ever in place anywhere else than behind home plate. In fact, at no stadium in the country is netting covering the area where this person claims it should be. Obviously, this is not a design flaw, and that part of the suit should be dismissed.

However, this brings up a much bigger issue, and a much better lawsuit, one with actual merit. He should be suing Major League Baseball for allowing the continuation of maple bats. Maple bats, unlike ash bats, shatter and splinter when broken. It is not uncommon for the remains of an ash bat to travel further than the hit ball. Maple bat usage has increased over the last several years on the heals of Barry Bonds' record breaking home run season.

In the last few months alone, reports of maple bats injuring players (Colorado Rockies star, Troy Tulowitzki), umpires (plate umpire Brian O'Nora, during a Royals/Rockies game), coaches,(Pittsburgh Pirates coach, Don Long, after a hit by outfielder Nate McLouth )and other fans (a Los Angeles Dodger fan)have been in the news. MLB has recently decided to "investigate" the situation. Will it take a death of a fan or player, or umpire, or coach, before the league acts to ban these weapons?

MLB needs to wake up to this dangerous situation now and not turn a blind eye to the situation (especially since this is a situation that can cause someone to go blind.) Baseball should be ahead of the curve on this, and not allow this to be another ugly Barry Bonds legacy on the game!