ILNews

Woman hit by foul ball strikes out at Court of Appeals

Back to TopCommentsE-mailPrintBookmark and Share

A baseball organization in Lake County is not liable for the injuries a fan suffered when she was hit in the face by a foul ball during a game, the Indiana Court of Appeals ruled Friday.

Juanita DeJesus suffered fractured bones in her face and blindness in her left eye after being hit by a pop-up foul ball during the opening day Gary South Shore Railcats baseball game. She was a fan of the Railcats and had attended numerous games before she was injured in May 2009. She also admitted she had read signs and the back of her ticket warning her of the risk of balls leaving the playing field and entering the stands.

She sued the baseball team and Northwest Sports Venture LLC, which is the former name of South Shore Baseball LLC, alleging they were liable for her injuries under a theory of premises liability and for negligently failing to place protective screening continuously from first to third base.

The trial court denied the defendants’ request for summary judgment. On interlocutory appeal, the Court of Appeals reversed in South Shore Baseball, LLC d/b/a Gary South Shore Railcats, and Northwest Sports Venture, LLC v. Juanita DeJesus, 45A03-1205-CT-222.

“… we conclude that, as a matter of law, Appellants cannot be held liable to DeJesus under a theory of premises liability because the risk of getting hit by a foul ball at a baseball game does not amount to an unreasonable risk of harm. Again, it is common knowledge that foul balls may leave the field of play and enter the stands and ‘one who attends a baseball game as a spectator can properly be charged with anticipating as inherent to baseball the risk of being struck by a foul ball while sitting in the stands during the course of a game,’” Judge Cale Bradford wrote, citing Pakett v. The Phillies, L.P., 871 A.2d 304, 308 (Pa. Commw. Ct. 2005) and other cases dealing with this issue.

The judges also adopted the limited duty rule that other jurisdictions have set forth, which provides as a matter of law, an operator of a baseball stadium who provides screening behind home place sufficient to meet ordinary demand for protected seating has fulfilled its duty with respect to screening and cannot be subjected to liability for injuries resulting to a spectator by an object leaving the playing field.

Bradford noted that the Lake County baseball stadium had protective screening in front of the seats behind home plate, and DeJesus didn’t designate evidence that there weren’t enough seats behind the screening or that she was unable to buy seats behind that screen if she had chosen to do so the day she was injured.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

ADVERTISEMENT