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4.19.2002


Wow. I'm dumbstruck. An idiot highschooler is suing Louisville Slugger. Boy genius, DANIEL HANNANT, has decided that he was entirely too stupid to realize that he might get struck with a baseball if he was the pitcher on his high school team. This moron, has decided that Louisville Slugger made an "Unreasonably Dangerous" bat because they did not tell him he would get hurt if a ball was smacked back at him and he didn't get out of the way.

Well I'll be damned. Maybe if boy-wonder didn't throw meatball pitches the batter wouldn't hit them back. Maybe LS should sue him for throwing balls at thier bats in a way necessarily dangerous to all participants on the field. If the little punk would have been a better pitcher he surely would have been in no danger. Maybe the fact that he is so terrible a pitcher is indicative of the fact that he has terrible athleticism and slow reflexes and that is the reason he got bonked on his head.

Honestly, this kid is the grandest fuck I have heard about in a long time. Below is a copy of the lawsuit..... what a fucking idiot:

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS -- LAW DIVISION.

DANIEL HANNANT, Plaintiff v. HILLERICH & BRADSBY CO., d/b/a LOUISVILLE SLUGGER, Defendant.

Case No. 02L 003935 filed Mar. 29, 2002.

COMPLAINT:

Plaintiff Daniel Hannant, for his Complaint against defendant Hillerich & Bradsby Co., d/b/a Louisville Slugger ("H&B"), states as follows:

PARTIES AND VENUE

l. Plaintiff Hannant is a citizen of the State of Illinois and resides in Pittsfield, Illinois.

2. H&B is a Kentucky corporation that is engaged in, among other things, the manufacture, distribution and sale of baseball bats, including aluminum baseball bats, throughout the United States under the trade name "Louisville Slugger."

3. At all relevant times, H&B has conducted business on an intentional, substantial and continuous basis within the State of Illinois, and particularly within Cook County, Illinois.

4. Venue is proper before this Court as H&B is a foreign corporation authorized to transact business in the State of Illinois and maintains its registered office in Cook County, Illinois and is doing in Cook County, Illinois.

FACTUAL ALLEGATIONS

5. On or about April 1, 2000, Hannant was 17 years old and a member of the Pittsfield High School interscholastic baseball team ("Pittsfield").

6. On or about April 1, 2000, Pittsfield was playing Calhoun High School in a baseball game ("the Game").

7. On or about April 1, 2000 Hannant was the pitcher for Pittsfield in the Game.

8. During that game, a batter for Calhoun was using an aluminum baseball bat that H&B manufactured known as the AIR ATTACK 2 Model BB 12 [-5] Louisville Slugger TPX Bat ("the Bat").

9. During the course of that game, Hannant threw a pitch that was hit by the batter directly toward the pitcher's mound. Due to H&B's design and construction of the Bat, the exit speed of the baseball from the Bat was so great that Hannant was unable to react to the baseball so as to protect himself from being struck, and the baseball struck him in the head.

10. Hannant suffered serious and life-threatening injuries as a result of the baseball striking him in the head.

COUNT I

11. Plaintiff incorporates Paragraphs 1-10 as Paragraph 11 of Count I.

12. H&B designed, manufactured, assembled and distributed the Bat. At all relevant times, it was H&B's goal to design and manufacture the Bat so it would hit a baseball harder, faster and farther than a traditional wooden baseball bat.

13. At all relevant times, H&B had a duty to design, manufacture, distribute and sell the Bat so that it was neither defective, nor unreasonably dangerous when put to the use for which it was designed, manufactured, distributed and sold.

14. At the time the Bat left the possession of H&B, and at the time the Bat entered the stream of commerce, the Bat was in an unreasonably dangerous and defective condition in that:

a. H&B failed to observe known safety hazards of the Bat, and the danger of serious bodily injury the Bat posed to pitchers, including Hannant, in that the Bat, as designed and constructed, causes the baseball to be propelled with such velocity that when hit directly towards a pitcher it does not allow the pitcher sufficient reaction time to avoid being struck;

b. Failed to adequately warn foreseeable users of the Bat and those persons, including baseball pitchers like Hannant, who could reasonably be affected by the Bat, of the danger of serious bodily injury in that the Bat, as designed and constructed, could cause the baseball to be propelled with such velocity that when hit directly towards a pitcher it does not allow the pitcher sufficient reaction time to avoid being struck;

c. Failed to affix appropriate labels to the Bat advising of the danger that arises from the speed at which the baseball can be hit at the head and body of the pitcher; and

d. Designed, manufactured, assembled, distributed, sold and/or installed a product which . . . lacked adequate safety features during foreseeable uses, which in turn would forseeably cause Hannant personal injuries.

15. As a direct and proximate result of one or all of the foregoing wrongful acts or omissions, Hannant suffered substantial and significant injuries when the baseball hit by the Bat struck him.

16. H&B engaged in conduct which shows, at a minimum, an utter indifference to or conscious disregard for the safety of Hannant in that at all relevant times, and prior to April 1, 2000, H&B knew that the Bat, when used in a reasonably foreseeable manner, was sufficiently dangerous to cause catastrophic injury to a pitcher such as Hannant due to the excessive exit velocity at which a baseball would leave the Bat upon contact and further knew that the heightened performance of the Bat in this manner was beyond the reasonable contemplation of Hannant or any other user and therefore, unreasonably dangerous.

WHEREFORE, plaintiff Daniel Hannant prays for judgment in his favor and against defendant Hillerich & Bradsby Co., d/b/a Louisville Slugger, and for an award of compensatory damages in an amount in excess of $50,000 and for punitive damages in an amount in excess of $1,000,000, plus costs and for any other relief the Court deems appropriate.

posted by JM at 2:57 PM


4.16.2002


It is now April 16th, and sadly, I am still attempting to figure out the taxes for my family. Well, to be honest with you, it is not a ‘family’ per se at all. It is just me, a 20-something web media designer with enough hare-brained ideas to royally screw up a Schedule C, my fiancée, who I’ve dragged into Schedule C land with me, and our wonderful little white cat, who by the grace of God is still not required to claim the gifts of food and shelter I provide her with each year.

Needless to say, many of those who I interact with on a daily basis do not approve of my lackadaisical attitude towards tax preparation. They admonish me to “Pay my share…” or to file the appropriate paper work detailing my needs for an extension and approximating my taxes owed. They are further aghast when I let them in on the secret that I did not even file last year.

“Surely you’ll be hauled off to jail,” they say. “Don’t you know it’s a crime not to pay your taxes?”

I respond affirmatively while noting that my taxes are a ridiculously huge burden. Let me tell you why. And then you tell me what you recommend I do:

1. Generally speaking, I am a full-time employee of at least two companies each year. (I have yet to go a year without switching jobs once since I departed college.)
2. I run a small free-lance design business on the side. (My Schedule C.)
3. I also have started a small T-Shirt printing business out of my garage. (Is that another Schedule C, or can I keep it in the same name as my original company?)
4. I also have created and actively manage five websites. All of which I guess could be attributed as separate and distinct businesses, but they may be easier to lump under the existing free-lance design company. Of these five, one generates a small income from advertising revenue, one sells my exciting T-shirts, two are “personal” (though hopefully someday the writing contained on them will make them profitable) and finally, one is still languishing because I have been unable to dedicate the time necessary to get it off the ground.
5. I have roughly six credit cards that I carry and use for both business and personal use. The problem arises because the one card I have in the name of the business has so low a limit that it is practically useless. So I use whatever personal card I happen to be carrying at the time.
6. Being what I would call quasi-creative, I occasionally make spur of the moment decisions about the business, and often do not keep incredibly accurate records of these decisions.
7. I have no resources to pay a bookkeeper or accountant. My fiancée is pretty computer illiterate so getting her in on the gig is likely more trouble than it’s worth.
8. I buy and sell business items on E-Bay and other online sites where keeping an accurate record of the little fees for insertions, sales, and total values is more of a pain than it is worth. I also pay fees to PayPal (to send and receive money), BidPay (same reason), Andale (to list and display my auctions more easily), and PayMyBills (to send checks through the mail to those who refuse the previous services.)
9. My receipts are kept in a shoe box as often as I can remember to include them but in many cases they spontaneously disappear though I know I did not receive my computer or other depreciable business assets for free.
10. As I sit perusing the mass of documents I have accumulated in a year I cannot fathom how I can actually get through these. I have what I deem to be a legitimate side business (or six) going on and now I need to prove it to the IRS. I am well aware that I am losing money on each and every endeavor at present, but I am doing so with the base assumption that ‘someday soon’ each and every little business I manage will turn a profit. I am unfortunately so caught up in the day-to-day operations and planning for the future, that I spend too much time trying to get by and make it to next month that I spend no time keeping clear and concise records.

So this is my dilemma as I face my piles of papers, receipts, and hand-scratched notes. I have the desire to be ‘a good citizen’ but I do not have hours upon hours to spare to learn how. As I gaze at the mound of items, my business line rings and I listen to the incoming messages without answering. My clients are calling because they want to know when the changes will be complete on their site. When I’ll have time to come and take a look at their home network and show them how to install a ZIP drive. When I’ll have time to print up the camera-ready artwork they needed last week.

Unfortunately, my clients will have to wait. I really have to get this done. Because as much as I dread the task facing me, I realize on some level that my friends are right. At some point, if I do not meticulously go over my materials, and do not “pay my share,” a man I really do not want to see will appear at my door. And he will be much less friendly than my clients who I can offer a 50% discount for delayed work.

For sure, the man will not see the humor in my shoebox of receipts. He won’t find any of my excuses compelling, and I will likely then be a slave to an ever less forgiving Master than I am now. So I will complete my taxes (even last years) as I know that at some point I must be the compliant little boy the government wants me to be.

I just cannot help to wonder what it would be like if everything were not so complicated. If it was easy for those with an entrepreneurial bent to pursue their goals without fears that they must keep perfect records or be subject to an audit and lunch with the IRS agent of their choice. Oh how I would love a simplified tax structure that made compliance easy, and eliminated the need for me to be a “criminal” every April 15th.

But until that day comes, and I doubt it ever will, I will just keep praying that I never hear the knock at my door, and that I never have to file for my cat.


posted by JM at 10:42 AM


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