UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTH DIVISION
CAROLYN ANN KING by Gerald W. King, her next friends, YPSILANTI COMMUNITY AMERICAN LITTLE LEAGUE, an Unincorporated Michigan Association, and the CITY OF YPSILANTI, a Michigan Public Body Corporation,
Plaintiffs,
-vs- VOLUME IV No. 40304
LITTLE LEAGUE BASEBALL, INC., a Federal Corporation, S. B. STANTON Agent for Little League Baseball, Inc.,
Defendants.
Proceedings had and testimony taken in the above-entitled matter before the Honorable RALPH M. FREMAN, District Judge at Detroit, Michigan, on Tuesday, July 3, 1973.
APPEARANCES:
FREATMAN, BARR & ANHUT
(By John M. Barr, Esq.),
Appearing on behalf of Plaintiffs Carolyn Ann King and Ypsilanti Community American Little League.
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your Honor.
THE COURT: All right. You May step down.
Next witness.
(Whereupon the witness was excused.)
MR. NORRIS: The defense would like to call as its next witness, you Honor, Dr. Creighton J. Hale.
CREIGHTON J. HALE,
was thereupon calles as a witness herein, and after having been first duly sworn to tell the truth, the whole truth and nothing but the truth, was examined and testified as follows:
DIRECT EXAMINATION
BY MR. NORRIS:
Q May it Please the Court, for the record, would you please state your address, Dr. Hale.
A 800 Pennsylvania Avenue, Williamsport, Pennsylvania.
Q Can you tell us whether you have any connection with the activities of Little League baseball?
A Yes, sir.
Q In what capacity?
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The second is that reaction time and movement time are very important, not only in eluding a ball that is pitched, but also in trying to field a bad hop, trying to change direction to avoid collisions.
Now, we have cited that ten percent of our injuries in Little League are from collisions. Most of the injuries are due to a pitched ball, and all these, in all of these, reaction time and movement time are vitally important.
Now, to thrust girls as a group into a program which has been set up for boys with certain physiological limitations such as reaction time and movement time, creates a hazard which girls should not have to bear. We should say to use the same approach and make the game as safe for girls as it is presently for boys.
In the equipment—I hold three inventions of baseball equipment and I have one now patent applied for, the helmet that is presently being used in baseball, youth baseball, and this year was adopted as a mandatory piece of equipment by the
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COURT REPORTING SERVICE, INC.
800 LAW CENTER BULDING
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468-0161
National High School Federation. This went through a series of scientific test in which we shot baseballs from an air- compressed oanon to determine exactly what the helmet must be after trying to determine human tolerance of the head. I then invented a catcher’s helmet which is now mandatory in Little League baseball, throughout Little League baseball.
I invented a change, modification in the chest protector which is used throughout Little League baseball and into the Majors and has been used by Johnny Bench for the last three years and other Major League catchers use it.
I am in the process of development, and the patent has been applied for, for a new fence. Many of our injuries happen when boys run into the fence. It happened in the Major Leagues, and the new fence. It happens in the Major Leagues, and the new fence will be of nylon construction and you will be able to hit it as hard as you want without being hurt because it is going to be spring-suspended on one side and turnbuckled on the other.
It is vitally important we look into the equipment for girls. We can protect their head with the helmet, but the chest protector worn
470
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COURT REPORTING SERVICE, INC.
800 LAW CENTER BULDING
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468-0161
by boys is not the chest protector worn by girls, should not be worn by the girl catcher, for example.
A new piece of equipment should be designed and can be designed for them.
Q You have alluded to the chest protector being one piece of equipment that the girls would have to wear a different version of. Have you any professional opinion regarding damage, if any, to female breasts were they to receive a violent impact in a Little League baseball game?
A yes. The female breast can be injured both in either contact or non-contact sports. It would be greatly, a good possibility in baseball where people do get hit.
Q Is it your professional opinion that traumatic cancer might result from such an impact?
MR. BARR: Well, we would stipulate that almost anything is possible, your Honor. I don’t think this witness has been qualified as an expert in that field.
THE COURT: I will sustain the objection.
MR. BRONSON: At any rate, it would be a great consolation—
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