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Woman hit by foul ball strikes out at Court of Appeals

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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.

 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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