Ethan Trex
The Ump Who Sued Lou Piniella (And Other Baseball-Related Legal Disputes)
by Ethan Trex - July 28, 2009 - 10:42 AM

It’s surprising how often America’s national pastime, baseball, finds itself snugly entrenched with the country’s second-favorite hobby, litigation. Over the years a number of baseball incidents and disputes have found their way into courtrooms. Here are five examples.

1. Sweet Lou Kicks Dirt on an Ump’s Reputation

piniellaLou Piniella has had his fair share of difficulties with umpires over the years, to put it mildly. None of his dirt-kicking and stomping histrionics can quite compare with the pickle he worked his way into during an August 1991 game, though. In the bottom of the 8th inning with Piniella’s Cincinnati Reds trailing the San Francisco Giants 7-3, Reds second baseman Bill Doran banged a solo homer just inside the foul pole to cut into the Giants’ lead.

First-base umpire Dutch Rennert called Doran’s shot a homer, but home plate ump Gary Darling overturned the call and said Doran’s blast was a foul ball. At this point, Sweet Lou went ballistic, did his customary cover-home-plate-with-dirt bit, and got ejected from the game. But the real fun didn’t start until afterwards.

After the game, Piniella told reporters, “I honestly feel that Darling has bias against us and won’t give us a call all year.” A few days later, Darling filed a $5 million lawsuit that contended his reputation had been “severely damaged” by Piniella’s claims. The umpires’ union had Darling’s back, and Piniella eventually settled the suit for an undisclosed amount while saying he had “high regard for Gary Darling’s integrity” in a statement.

2. Ross Grimsley Throws Too Hard

grimsley
On September 16, 1975, Baltimore Orioles pitcher Ross Grimsley was warming up in the bullpen of Boston’s Fenway Park. The Fenway fans, as they tend to do, were heckling Grimsley, and the pitcher eventually decided he’d had enough. He whizzed a pitch at the protective screen in front of the fans to scare them a little. Unfortunately for everyone involved, the safety netting gave way and the ball struck fan David Manning.

Manning was understandably a bit upset at being conked by a fastball, so he sued Grimsley for battery and negligence. Although Grimsley won on both counts in the trial, Manning appealed, and the appellate court decided that since Grimsely was an expert pitcher, he had in fact committed battery and been negligent. Ouch.

3. Curt Flood Changes the Game

Curt Flood was a pretty great ballplayer. His career included three All-Star nods, two World Series rings with the St. Louis Cardinals, and seven Gold Gloves for his work in center field. If you mention his name now, though, most of us just remember him as the pioneer who helped pave the way for free agency in pro sports.

floodFor years baseball had a “reserve clause,” which basically meant that when a player’s contract with a team expired, he couldn’t just jump to another squad. The team to which he had originally been signed still maintained his exclusive rights, even though they didn’t have to pay him anything unless the two parties negotiated a contract for the next season. Basically, once a player signed with a team, his playing rights belonged to the franchise forever.

Like a lot of players, Flood thought this system was profoundly unfair. When the Cardinals traded Flood (along with Tim McCarver and two other players) to the Philadelphia Phillies in exchange for three players in October 1969, Flood refused to show up in Philly. Two months later, Flood wrote to Baseball Commissioner Bowie Kuhn with a simple demand that he be declared a free agent since the reserve clause violated his constitutional rights.

Kuhn predictably balked at this request, so Flood sued the commissioner and MLB for a million dollars. The Flood v. Kuhn case eventually ended up in front of the Supreme Court, which sided with Kuhn and MLB in a 5-3 decision. Flood ended up missing the entire 1970 season due to the legal wrangling, and he retired in 1971 after a brief stint with the Washington Senators. Eventually, the reserve clause fell thanks to an arbitrator’s ruling in 1975, and Floods dream of free agency became a lucrative reality for his successors.

4. Frank Francisco Gives a Lady His Seat

francisco-chairIf Texas Rangers reliever Frank Francisco ever gets tired of baseball, he’ll be a natural fit in pro wrestling. During a September 2004 road game against the Oakland Athletics, the Rangers’ bullpen endured the normal merciless heckling from the home fans. The fans allegedly crossed the line, though, when one of them make a crack about Rangers reliever Doug Brocail’s stillborn child, which so enraged Brocail that he rushed to confront the fan. A full-blown melee broke out, and during the fracas the rookie Francisco chucked a folding chair into the stands. The chair hit Jennifer Bueno, whose husband allegedly hurled the disrespectful heckle, in the face, breaking her nose.

Francisco was quickly arrested for his chair toss and charged with aggravated battery. He pled no contest to the charges and was sentenced to a work program and anger management classes. Bueno also filed a civil suit against Francisco for breaking her nose, which was settled out of court for an undisclosed amount.

5. God Blesses a Trip to the Men’s Room

jeterLast summer Bradford Campeau-Laurion had to use the restroom during the seventh-inning stretch at a Yankees game. He popped out of his seat and headed for the facilities, but a NYPD officer intercepted the fan and told Campeau-Laurion he would have to wait until the playing of “God Bless America” ended to relieve himself. When Campeau-Laurion insisted that he really, really had to go and wasn’t particularly interested in the patriotic anthem, another officer joined in, and the two cops threw him out of the stadium.

With help from the New York Civil Liberties Union, Campeau-Laurion filed a suit against the city of New York in federal court for “political and religious discrimination.” It ended up being an expensive bathroom break for the city; earlier this month they settled for $10,000 plus another $12,000 to cover Campeau-Laurion’s legal fees.

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Comments (14)
  1. I am not a big fan of the ACLU or any affiliate such as the NYCLU, but anyone, cop or not, that would stop someone from using the restroom because a song is on, is just plain wrong and stupid.

  2. It is fitting that such a stupid thing would happen at Yankee Stadium. I agree with Ryan about the ACLU, but this was as ridiculous as it gets!

  3. And to further muddy the issue with bothersome facts, “God Bless America” merely a song. There’s no need to stand, remove your hat, cover your heart, etc. These are signs of respect shown only to National Anthems. There’s also no colorguard nor military salute shown to “GBA”. It’s just a song.

  4. Yeah, what you guys said. You echoed my exact thoughts. Sheesh.

  5. Ok, you absolutely have to add Alfred Rava’s little legal whine to this; ie, when he didn’t get a floppy hat hand-out at the Mother’s Day/breast cancer awareness day promo at an Oakland A’s game last year… Loved your post!

  6. Ethan–btw, see this post I did earlier in the month…baseball & litigation make a perfect team LOL! I’m heading back to post a link to yours; http://www.lawyersandsettlements.com/blog/baseball-lawsuit-round-up.html

  7. i think anyone who thinks that making fun of a recently stillborn child is fair game for heckling deserves more than a broken nose.

    banyans deode

  8. I remember reading about that ACLU case, and I’m pretty sure I read that the police report said the fan was detained for rowdy/unruly behavior, not for simply refusing to respect GBA.

    I could be wrong, but if anyone’s been to Yankee Stadium you know it’s just a little bit more than possible that the guy was being rowdy.

  9. Couldn’t be more wrong, almost. This is a famous case that baseball fans love to bring up to make fun of the Yankees. During God Bless America, they pull chains around the exits for each aisle to prevent people from leaving. As if God Bless America, or any song, is some sacred anthem that means anything.

  10. almost….. I bet you are right about the fan being rowdy BUT “if not but for” it is a real defense in criminal court, basically if it weren’t for this, then that would not have happened… the same could be said in this case… if it weren’t for the cop illegally stopping and detaining someone because they didn’t want to listen to a song (patriotic or not) and go pee, then this guy would not have been upset and this incident would not have happened…. even if they pressed charges on this guy, they would never stick due the fact that the cop illegally detained him.

  11. They don’t prevent people from leaving their seats during God Bless America anymore…I, along with probably thousands of people, went to the bathroom during it at a game a few weeks ago. I remember noticing how many people were getting up.

    Never mind that the cops never tried to stop anyone wandering the stadium while the song was being played; my dad would always leave his seat at the top of the seventh to avoid the song.

  12. I still don’t understand how Flood’s lawsuit paved the way for free agency. As noted above, that came about as a result of arbitration, which had nothing to do with Curt Flood, and everything to do with Marvin Miller.

  13. Flood’s lawsuit did nothing for free agency and the reserve clause still exists. Most labor agreements in any industry have a reserve clause of some sort. In 1975, the reserve clause itself didn’t fall, what was challenged was what the meaning of said clause. The owners said it meant one thing, the players said it meant another thing and the arbitrator sided with the players. That is what put in motion the wheels that led to the free agency we know today. Flood’s lawsuit was mainly about a player being able to have a say in where he played, which I guess indirectly led to free agency, but he lost his case and the players did not gain anything in particular as a direct result of Flood’s case. He did put the idea out there that the system could be challenged, it just took another 3-4 years for the players to find the right way to challenge it.

  14. It should be noted that the Yankees had this no policy in place before the incident took place, and while I feel the policy is ridiculous, I believe the ‘victim’ here is an admitted Red Sox fan, and the incident took place during a Yankees Red Sox game. So I think this guy knew what he was doing

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