Back in 2003, Montana high school pitcher Brandon Patch was struck by a line drive from an aluminum bat in his temple during a game. Patch would die from the injuries four hours later; his family, quite understandably, eventually filed a lawsuit.
Their lawsuit, however, wasn’t against staff at the game or anybody else who was there - it was against the bat manufacturers. Specifically, it was against Hillerich & Bradsby, who make the Louisville Slugger aluminum bats. And today, a jury found in the Patch family’s favor, awarding the family $850,000.
From the HELENA INDEPENDENT RECORD:
After 12 hours of deliberation, a Helena jury sided with the parents of former Miles City American Legion baseball pitcher Brandon Patch in a civil suit over the player’s death during a 2003 game in Helena.
At least eight of the 12 jurors agreed Wednesday, aluminum bat maker Hillerich & Bradsby failed to provide adequate warning as to the dangers of the bat used by a Helena Senators player during the game.
In the verdict read in District Judge Kathy Seeley’s court, the jurors found the company, which makes Louisville Slugger, liable for failing to warn users of the danger of its bats and that this failure caused the accident that killed 18-year-old Patch. A third decision was that the bat was not defective. Attorney’s representing Debbie Patch argued during the week-long trial that the bat used on July 25, 2003 was defective because it was more dangerous than the average person would expect.
The breakdown of the money was $792,000 for damages to Brandon Patch and $58,000 to the family for emotional damages and funeral expenses.
This is a landmark case in that the aluminum baseball bat as a piece of sports equipment was essentially put on trial. After all, the bat that launched the fatal line drive was found not to be defective by the jury (though the Patch attorneys argued otherwise), which means it was doing exactly what it was supposed to do when Patch was struck down.
At the family’s FOREVER11.COM website set up in memory of Patch, there’s a litany of information on the aluminum bat and its inherent danger. It’s not terribly well set up, though it’s as good as you can expect; this is the work of a grieving family, after all, and they’re getting information out as they learn it too.
This lawsuit opens up aluminum bat manufacturers for a ton of other litigation if injuries and deaths continue without changes. Whether those changes come via enhanced and more explicit warnings when purchasing the equipment, recommendations that the pitcher wear a helmet or other protection (we still can’t believe that hasn’t caught on, by the way; look at the armor Barry Bonds used to wear), or somewhere else, it remains to be seen.
We don’t think the bat manufacturers were intentionally putting kids at risk, of course; that’s insanely illogical and it’s not what the lawsuit determines anyway. We do think - and the jury largely agreed - that the risks had been severely underestimated by the manufacturers for obvious reasons, and that inherent problem is coming home to roost. It’s just a shame it took the sudden passing of an 18-year-old for that to come about.
5:15 pm on October 29th, 2009
There is no way this family should be getting a dime. It was the bats fault? What the hell did they think was going to happen when you throw a baseball 85mph and hit it with an aluminum bat? Another moronic decision by an american jury!
5:20 pm on October 29th, 2009
This is a bull**** shit lawsuit. I feel bad for the family that had to bury their 18 year old kid, but to put the blame on the bat manufacturer is plain stupid. I wish I could have been in that jury box and hear their full explanation as to why they voted this way.
5:29 pm on October 29th, 2009
Agree with the first two comments. Aluminum bats have been around for thirty years, who doesn’t know the ball comes off the bat faster than wood? Also, for those who weren’t aware…coffee is hot…don’t spill it on your lap.
5:35 pm on October 29th, 2009
Next they’ll be suing the MLB because their son was playing baseball.
5:42 pm on October 29th, 2009
Agreed with the above posters.
You can be killed just as easily by a wooden bat line drive from somebody who knows how to hit. Another case of the docile and cowardly American People blaming somebody else for incidents.
Personal choice….Personal responsibility. As hard as this is for some parents to understand, your child is not a special little flower. Some sports and activities, little Jimmy might get his snot locker rearranged. Know this going in, and respect it.
5:42 pm on October 29th, 2009
what a bunch of bull!!! what, are we gonna have to put warning labels on the bats and balls now?!?!? the wussification of America due to the mantra of “It’s somebody’s fault, so sue!!”, continues!!
6:25 pm on October 29th, 2009
Good verdict. If you put a dangerous product into the line of commerce, you get what’s coming to you, particularly when the intended use of the product sends a projectile over 100 mph at a pitcher. If you know the dangers of what you’re selling and you sell it anyway, then by all means, you should pay for the injuries you cause. Its the same thing when a Pinto explodes. It’s someone’s fault, so yes, you should sue them if you’re set on fire.
37 percent of hits off of an aluminum bat go over 100 mph. I know you’re thinking “that’s not much, batters deal with that all of the time! Stop talking, pansy!”. The point is that pitchers can’t react to that type of speed over 60′6″, so they should probably not be subjected to it.
Also, the McDonald’s case you’re talking about involved a cup of coffee that was heated so hot (189 degrees) that it caused 2nd and 3rd degree burns on a 79 year old woman’s legs and genitals. They did this in 1979 to avoid giving away free refills on coffee. The point is that the people who produce a product know of the inherent risks of a product before they put it out there. People don’t know how hot McDonald’s coffee is, and they don’t know how fast a baseball comes off of an aluminum bat. What people do know is that our system provides a way to punish reckless behavior. If the McDonald’s case is any indication, a well-placed lawsuit is a great way to alter the behavior of a corporation so it doesn’t go on screwing up people’s lives. It’s why we have bladeguards on lawnmowers
Oh, and the McDonald’s case? They lowered their coffee temperature to below a point where it gives people 3rd degree burns.
6:45 pm on October 29th, 2009
Mike, you’re a moron… It’s not the bat manufacturer’s fault that a game was created BEFORE they began making the bats… They just filled the demand… If the family was so fucking worried about their child, they wouldn’t have had him pitching… They’re just money grubbing and you’re feeding into this ridiculous mindset that people have today…
As for the McDonald’s case… That 79 year old woman deserved what she got and should’ve gotten burnt worse if she’s dumb enough to dump freshly ordered hot coffee in her lap… Tea and Coffee are meant to be served at temperatures exceeding 170 degrees farenheit, that is the temperature that releases the flavor…. if the person doesn’t want to drink it this hot, they can wait for it to cool…. but it’s not the brewer’s fault of the person is too retarded to do so.
6:47 pm on October 29th, 2009
So what are they going to do with aluminum bats??? Coat them in foam to slow the ballspeed? That’s a ludicrous argument. It substantiates what’s wrong with society in general and keeps lawyers in business: there is no personal accountability or responsibility. Common sense should prevail. If an alumium bat can send a ball 400 feet into left field - it’s damn well going to hurt if you take the ball in the head standing sixty feet away. No warning printed on the bat is going to wake anyone up to that fact. But, because accountability is not a trait that is ever put in the hands of the people who CHOOSE to stand in front of those pitches or purchase that coffee (and let me tell you, it was neither her first cup of coffee or his first pitch thrown), then targets are looked for elsewhere.
I just looked over my golf clubs. Nowhere on my driver does it say that the golf ball comes off with incredible force…I’m confused…does that mean it’s okay for me to stand in front of my golf partner when he tees off? It SEEMS like that might hurt or even be dangerous, but clearly…it must not be — otherwise I would be warned against it. The intended use of the product is to whack the bejeezus out of the ball, but it doesn’t tell me where to stand, so….hmmmm….think I’ve just funded my retirement plan! Oh great. Now that I’ve posted it, I suppose that could be considered some kind of personal accountability. Nah - your brand of logic would get me off. God bless America.
6:58 pm on October 29th, 2009
Let me also re-itterate I feel horrible for the family and the accident that occured. I’ve taken a baseball in the eye while pitching and it’s incredibly dangerous. But even as a 14 year-old, I knew the dangers when I stepped on the mound. And, I quit pitching after that. No warning on the ball. No warning on the bat. It’s tragic what happened, but why isn’t the coach liable for warning him of the inherent danger? Why not the field owner where it happened? Why not the ball manufacturer for not making the ball softer? Why not the inventor of baseball? Field groomers? God Homself….odd that a ball thrown with that velocity would come off a bat at that trajectory and strike him just so….and that inconvenience of gravity at that point…surely He plays some financial part here. A horrible ruling that simply cripples small-business and stifles ingenuity for the sake of someone looking to get rich quick or search for comfort in the wrong place. Do you TRULY think that slapping a warning label on these bats in the future will dissuade anyone from playing the game or change how it’s played? If you do - and not just to save face - then I truly must say you’re as big a moron as your argument leads us to believe.
7:21 pm on October 29th, 2009
Agree with Roxtar. Tragic event, but….
So golf balls fly faster, are harder, and smaller (so a more focused impact). Do I have to sign waivers to buy a new set of clubs or balls? What about my old ones?
Where does this nonsense end? besides KATL….
7:38 pm on October 29th, 2009
Damn this is bad. American juries are awful. This family deserves NOTHING.
I used to be a pitcher in High School and before a shoulder injury ended it, I went out there every game knowing damn well this could happen to me. Yet I played anyway! Didn’t the family allow him to play? Didn’t he lace them up and go out and play anyway?
If he hadn’t died this would never had been as issue. Amazing though that this family gets that much. Yes your son died but, he did it doing what he loved to do.
Whats next/?
family of a Army soldier sue after son is killed in Iraq? Claim that Army allowed him on the battle field knowing that he could die out there.
This almost as bad as the girl suing her coach claiming he made her have an eating disorder…
8:09 pm on October 29th, 2009
“The first thing we do … kill all the lawyers.”
Um, why didn’t the parents sue the makers of the actual, thrown baseball? I doubt that baseballs are stamped with warnings about how dangerous they can be.
8:11 pm on October 29th, 2009
bad verdict like this make it harder for me as a plaintiffs lawyer to get good verdicts for people who actually deserve compensation
9:53 pm on October 29th, 2009
We’re gearing up a legal team to defend us from the coming onslaught of litigation headed our way.
10:12 pm on October 29th, 2009
I’d be willing to bet that this family also paid over $400 for their sons baseball bat so he could be the best hitter he could be. The family also knew that using a non-wooden bat causes the ball to be projected back at a much greater speed than it was thrown at. So how were they not liable for allowing their son to play the game? Our legal system is just plain moronic. Why don’t we just force all manufacturers to print a disclaimer form for all of their products that is the size of an encyclopedia?
11:22 pm on October 29th, 2009
What about the batter who used the bat that killed Brandon Patch? He seems to be just as complicit and culpable as the manufacturer in this tragic incident.
What a bogus judgment. When are parents going to accept responisbility and realize that when they put their child in athletics, there are inherent risks?
11:59 pm on October 29th, 2009
So will the ball maker be sued next?
12:57 am on October 30th, 2009
to the eight jurors that voted to award the money:
idiot
fool
pinhead
ignoramus
stupid
mindless dolt
dumb
and
dumber
7:11 am on October 30th, 2009
The bat never touched the kid. The ball did. The dumbasses sued the wrong people and won! Doesn’t speak well for our society and the wonderful civil legal system. I wonder if the lawyer’s cut of the 850k was a driving factor?
7:22 am on October 30th, 2009
are u serious 850,000 all together. the court system is a joke. i feel terrible for the familys loss of their son but u cant blame the people who made the bat they were simply doing their job. Its a tragic accident yes but to blame the bat maker is just plain wrong everyone on that jury should be smacked no questions wtf were u people thinkin
7:43 am on October 30th, 2009
I don’t know why this even surprises us anymore. I would like to add that the lady who sued McDonalds was actually holding the hot coffee between her legs … while DRIVING! Idiot does not even come close. And what about softball pitchers? They stand even closer to the plate. Finally, I wonder what kind of bat Brandon Patch used in that game?
8:32 am on October 30th, 2009
Still a great verdict. Notice that the jury agreed with the defense that the product was not defective. It was used in the context in which it was supposed to be used by the people who were supposed to be using it. If you’re standing in front of a golf club when someone swings it, then you aren’t doing that.
I used to play baseball too. I didn’t pitch, and everyone knew that there was inherent danger in playing. People slide hard into 2nd because that’s what they’re supposed to do. Pitchers pitch to batters because that’s what they’re supposed to do. Hitters hit… well, you get the idea. It’s all about context. Nobody is going to win a lawsuit against a golf company for making golf balls or clubs too awesome, because people aren’t supposed to stand in front of a golfer as he’s swinging. A reasonable person wouldn’t do that. However, the whole point is that the product was more dangerous than the average reasonable person would expect, and the manufacturer knew about the danger and did nothing about it.
What do I know. Maybe we should kill all of the lawyers. We should resolve our differences with duels from now on, people who drink water contaminated by the local power company shouldn’t have to pay because the people drinking it know that sometimes water is contaminated, the FDA should be eliminated because people should have common sense enough to distinguish between chicken and rat meat, and everything should be totally unregulated so consumers have no idea of the dangers of a product when they’re using it.
Also, the McDonald’s lady was not driving:
Liebeck v. McDonald’s Restaurants, P.T.S., Inc., No. D-202 CV-93-02419, 1995 WL 360309 (Bernalillo County, N.M. Dist. Ct. Aug. 18, 1994).
Read it.
9:00 am on October 30th, 2009
Frankly, wood bats should be used in every league from high school on. There’s no reason for aluminum bats when kids are throwing above 80+ mph. There’s absolutely positively no good reason to use them in a college environment. And pitching in a solid slow pitch aluminum bat softball league is near suicide.
9:24 am on October 30th, 2009
Mike, Your a sad case. A poor example of a human. I can not believe the way people think. Unbelievable!!! At what stage in law school do they teach you to throw common sense out the window. Can you honestly look at yourself in the mirror at night? If so, all I can say is you are a heartless person. My God, wake up.
9:40 am on October 30th, 2009
Mike is an idiot!! We all know this vedict is crap, money awarded from the loss of their son, yeh, that will help. If they really cared the money would be 100% given to baeball prevention injuries or some crap like that, not to the family.
9:46 am on October 30th, 2009
Wait a second, Mike - let’s use your argument: A reasonable person would assume. Would a reasonable person no be able to figure out that if a ball from this bat can travel, routinely, over 350 feet with force out of the park that IF this ball from this bat were stopped in its tracks at 60 feet…BY YOUR HEAD…that it would be potentially dangerous? Maybe even lethal if it connected in the right spot?
Check Mr. Patch’s bat bag. Chances are he too was using an aluminum bat, because they’re designed to hit the ball farther and harder. EVERY reasonable person who plays baseball knows that the reason the MLB doesn’t allow aluminum bats is because of the unfair advantage the bats give from hitting the ball TOO HARD.
If you’re going to use the “reasonable” argument, you have to use it across the board. A major overlooked travesty here is the money that the defense lawyer earned in this case by not being able to win it!
9:47 am on October 30th, 2009
If the bat wasn’t defective, I can understand suing the league, but this case is saying “do nothing wrong, and still be liable”. If there was an aluminum bat group, I can see suing them as a whole even, but this just seems like bad precedent.
Also, the McDonalds lady probably expected the coffee to be hot, but not hot enough to cause 3rd degree burns, because coffee shouldn’t be that hot. Also, originally she only asked McDonalds to pay her relatively small hospital bills, but ended up suing when they refused. They could have paid a couple grand (if that much) to to avoid having to pay millions if McDonalds wasn’t so greedy.
10:08 am on October 30th, 2009
The golf analogy is terrible. There is not another golfer standing 60 feet away and directly in front of you.
The best way to overcome this issue is to ban aluminum bats. Using wooden bats creates better hitters and the bats are safer.
10:25 am on October 30th, 2009
A similar issue has been fought for years in recreational softball. Bat manufacturers manufacture equipment for a specific purpose to meet the requirements of specific organizations (ASA, USSSA, etc.). The problem in softball is unfortunately that bats are altered to look like approved bats or to perform at levels greater than their design. I personally have been struck by a ball hit with an altered bat, luckily I was 60 feet away at 3rd base as opposed to in the pitchers circle.
If the bat in question was approved for league play and found to have not been altered, then no award should have been made. If you want to reduce the risk of injury, regulate the speed of the ball leaving the bat or reduce the ball compression as some national softball associations have, and enforce the damn rules, unlike many local parks and recreation departments.
Sports in and of themselves are inherently dangerous. Should I have sued someone for the broken leg I suffered after sliding into home plate. No. I stepped onto that field to play a game in which I could get injured, thus the waiver that is signed when signing up for league play.
I feel for the family that lost their son to a tragic accident, but this lawsuit was ridiculous. We will soon be a society that is scared to do anything for all of the warning labels we have to look at, don’t believe me, go purchase a fan or alternator belt for your car and look for a warning. You will likely find something like this “Do not attempt to install with engine running” because some idiot actually attempted it.
10:27 am on October 30th, 2009
Bullshit. Like suing the tobacco companies.
10:28 am on October 30th, 2009
“37 percent of hits off of an aluminum bat go over 100 mph. I know you’re thinking “that’s not much, batters deal with that all of the time! Stop talking, pansy!”. The point is that pitchers can’t react to that type of speed over 60′6″, so they should probably not be subjected to it.”
If they do not want to be subjected to it, they can elect not to play baseball.
11:11 am on October 30th, 2009
A ball hit at 86 mph takes .436 seconds to travel 55 feet
A ball hit at 93 mph takes .403 seconds to travel 55 feet
The difference is .033 seconds (wood vs. aluminum)
Does anybody really think the extra three one hundreds of a second in reaction time would have saved the kid?
What happens when a kid is killed by a hit from a wooden bat?
I hope Louisville Slugger appeals all the way to the supreme court. Sports have inherent dangers which are obvious to all reasonable thinking humans. If you don’t want to take the risk, don’t play.
What’s next?
Boxer’s family sues the gloves?
Race car driver’s family sues the wall?
Hockey player’s family sues the stick?
Scuba diver’s family sues the ocean?
Pilot’s family sues gravity?
And how did the ball get off so lightly?
11:51 am on October 30th, 2009
Hey Mike, since you’re answering questions… I100% true story. In 1982, I was playing golf, and one of our foursome teed up at the men’s tees and swung away as expected. He half topped the ball and it made a line drive about 3″ off the ground for about 20 yards, hit the concrete marker (a round sphere) for the women’s tee, and amazingly ricocheted right back at him and hit on the forehead right at his hairline. Knocked him out cold, needed stitches, suffered headaches for weeks and finally gave up golf after 32 years….
Everybody was using the equipment as normally expected and the course layout was very standard.
Who’s the responsible party that Bob should sue -
the golf club maker,
the ball maker,
the guy who made the concrete marker,
the golf course architect,
the golf course operator,
me, because I didn’t throw myself in front of the ricochet
Seems “all” wasn’t a correct answer in the earlier posts, and I can’t see that it would be in this one either.
Do I sue somebody for wrecking a perfectly good round of golf?
12:00 pm on October 30th, 2009
More horrendous writing by the SbB staff.
“his family, quite understandably, eventually filed a lawsuit. Their lawsuit, however, wasn’t against staff at the game or anybody else who was there - it was against the bat manufacturers.”
What are you trying to insinuate - that the lawsuit SHOULD HAVE been against game staff or someone “who was there”??? Give me a break.
12:40 pm on October 30th, 2009
@ Ignatz
Nobody. The statute of limitations ran out already. SNAP!
Alternatively, Plaintiff still loses against everyone. That isn’t something that is reasonably foreseeable for any party to imagine happening, though it sounds hilarious. Any lawsuit in that instance shouldn’t survive summary judgment.
Similar thing happened to someone I know involving a bb gun and a tree. True story.
12:53 pm on October 30th, 2009
People are always quick to throw out the McDonalds case as the example of whats wrong in America’s court system without knowing any of the facts. McD’s brewed their coffee 3 times the temperature necessary to brew coffee. They received over 100 complaints of people being severely burnt and didnt change a thing. They didnt change their ways because doing so would ultimately change hurt their bottom dollar. If the coffee wasnt as hot, people would be able to drink more as they sat down, which would lead to more free refills, which would lower their profit margin. The verdict awarded by the jury represented 1 year of McD’s profit for this scheme - it was meant to send a message to McD’s and did.
To the aluminum bat incident. Its well known that aluminum bat manufacturers for the past 10 years have put effectiveness of their product over the safety of its consumers. Meaning, they had a “bat race” to see who could develop the lightest, strongest bat that would maximize bat speed. This in turn increased the speed of balls coming off the bats and at pitchers. It became very dangerous for consumers and needed a watchdog to correct the phenomenon. The jury did just that.
Anyone that plays softball should realize the technology of the aluminum bats has gotten WAY out of hand. I guarantee the bat used in this incident is no longer manufactured and is banned by all leagues. Why, because its safe???
1:23 pm on October 30th, 2009
thats it! cancel baseball!
1:40 pm on October 30th, 2009
That bat could have come with a warning, safety video and a waiver for all of the defense to sign and that kid would have still been pitching. Is it dangerous? Absolutely. Should high school/college kids have to use wooden bats? Probably. But they don’t. Anybody whose ever heard that ball wizz by your head while on the mound knows it’s dangerous but that’s a hazard of the job. If that’s too much for you, call in the lefty from the bullpen and take your candy ass to right field
2:28 pm on October 30th, 2009
This is ludicrous… sue the parents for allowing their son to throw cockshots down the middle of the plate! In all seriousness, this is tragic accident but no one should be at fault. Parents should move on and teach their other kids to play soccer.
2:43 pm on October 30th, 2009
Why should they ‘naturally’ want to file a lawsuit? The kid was killed in an accident. Very, very sad, but none the less an accident.
That is one huge problem with the US: no one wants to take responsiblity for their actions anymore. This is why the entire nation has been living on borrowed money ($1trillion from China alone) for 40 years and is on the way down, down, down.
Their won’t be any wooden bats when people have to use them for firewood to heat their homes.
2:44 pm on October 30th, 2009
I don’t really care if the decision is right or wrong, the decision has been made and I guess they can appeal if they want. All I know is that there is no way this should have taken 6 years to figure this out, that is just plain ridiculous. This should have been settled one way or another withing months, not years.
4:31 pm on October 30th, 2009
My son has grown up playing baseball his entire life. He does pitch, and does quite well at it. When I told him about this law suit and the verdict, he became very upset that people can be so ignorant. I think I should file a lawsuit against these lawyers, judges, and jurors, because they have created a product (this law suit), that emotionally damaged my son. But of course we all know that lawyers and judges coward behind laws and fail to take responsibility for the damages their “products” cause, (such as letting a child killer out of jail so they can kill again). Until we start holding these lawyers and judges accountable for the damage their products cause, we will always be subjected to them parasiting off society
5:57 pm on October 30th, 2009
Think we should simply all remain at home.
“Tag” has now been outlawed in public schools because some little uncoordinateed first grader got hurt and mommy was looking for a way to get rich quick and sued the district. Now - it’s banned for everyone. Baseball should be cancelled too. Oh - and football. And clearly golf, as we’ve already seen the lack of warnings rampant throughout that game. And coffee. That’s inherently dangerous. Seriously…what can we do anymore without a fear of lawsuits? Even staying home isn’t safe because some SPITEFUL company would make their beds far too comfortable and I would then be forced to sue them when I crested 450 pounds and contracted heart disease.
Damn you manufacturers….it’s a consipracy against us all!
6:13 pm on October 30th, 2009
“American juries are awful.”
I’d like to hijack this a bit and ask in light of this attitude, why does anyone trust an American jury to determine whether a person charged with a capital crime is to be found guilty or not guilty and whether they should live or die?
It seems to me that a person’s life is more important than $850K for H&B or any other corporation. But lots of people get a lot more worked up about a damage award than news that a person who has already been executed has now been exonerated, as happened in Texas recently.
Just something to ponder.
12:29 pm on November 2nd, 2009
The thing that makes no sense from a legal perspective is that even if the bat had the “warning” that the Plaintiff convinced the jury it should have had, it would not have helped the boy prevent the injury. The purpose of a warning is to give the people using a product the ability to protect themselves from the dangerous condition. What if the bat had a warning? How is the pitcher supposed to see it? Does he get to inspect the bat and decide it is too dangerous to pitch to the batter who is using it?
I know that from a practicle standpoint all the kids are using aluminum bats and therefore probably would have seen it on their own bats had they been there, but legally the result if very suspect. Don’t be surprised when this is overturned if the company appeals it. Of course that won’t make the same kind of media splash that the big verdict did.
12:26 am on November 6th, 2009
Doesn’t this theoretically set a precedent that any object made, that could be used to harm others could fall back on the manufacturer for damages.
Ie. Someone is bashed by an aluminium bat and we sue the bat manufacturer for constructing such a dangerous weapon.
Typical US legal bs - doesn’t surprise me at all.
Lets hope Louisville appeals, has this overturned and this learn that there’s more to life than money - how about actually grieve for your loss.
12:28 pm on December 2nd, 2009
I dont agree with the 850000 being awarded to the family but i do agree that aluminum bats should be banned from the game. Aluminum give a huge advantage to hitters and makes the game too easy. Also if the family wants to complain go to the legislature and have them put a ban on the use of aluminum bats instead of punishing Louisville Slugger.