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. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

ADVERTISEMENT