Justices end suit against Gary Railcats over foul-ball injury

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A fan who suffered fractured facial bones and was blinded in one eye after she was struck by a foul ball at a Gary SouthShore Railcats baseball game may not proceed with a lawsuit against the team, the Indiana Supreme Court ruled Friday.

Justices reversed Lake Superior Judge Calvin Hawkins’ denial of a motion for summary judgment sought by the team. Hawkins granted the team’s request for an interlocutory appeal.

The ruling in  South Shore Baseball, LLC d/b/a Gary South Shore RailCats and Northwest Sports Venture, LLC v. Juanita DeJesus, 45S03-1308-CT-531, puts an end to litigation stemming from DeJesus’ injury that happened more than five years ago.

Justice Mark Massa wrote in a unanimous opinion that the court declined to find a special limited duty beyond the principles of premises liability that govern stadiums and franchises.

The court noted that the ticket, printed notices at the stadium and an announcer’s admonition to fans all alerted them that objects would leave the field of play.

The court’s ruling aligns with a prior Court of Appeals ruling that also found judgment in favor of the team was proper, particularly in light of the Supreme Court’s contemporaneous ruling in Pfenning v. Lineman, 947 N.E.2d 392 (Ind. 2011). There, the court ordered judgment in favor of a golf course after a woman driving a golf cart suffered injuries when she was struck in the face by a flying golf ball.

While finding for the team, the court declined amicus Indianapolis Indians’ request that the court adopt the so-called “Baseball Rule,” which generally states that baseball teams and ballparks that provide screening behind home plate have satisfied liability duties. DeJesus’ injury came as she sat in the stands just outside the protective screening behind home plate.

DeJesus’ claim fails as a matter of law, Massa wrote, “because she does not allege an increased risk of harm and cannot establish reliance. In her deposition, DeJesus testified she had seen foul balls enter the stands at RailCats games before. She even admitted she knew, when she was sitting in her seat, “there could be a chance that the ball could come that way.”



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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues