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Was the Foul Ball Fair?

Steve Wagner

The 2011 case of the foul ball is up for review by the Indiana Supreme Court, although there are no hints as of yet for how they will rule.

Many may not remember this case, as it was thrown out before it reached the courtroom, but the initial case involved Juanita DeJesus and her attendance at the May 23, 2009 RailCats baseball game. During the course of the game, a foul ball hit and struck DeJesus in the left eye, causing several fractured bones, as well as blindness in that eye.

DeJesus claimed the ball park should have protective netting all the way across spectators’ seating, because fans often don’t have the appropriate amount of time to react to a foul ball being hit their way. The case was dismissed because it was said the risk of getting hit by a foul ball at a baseball game is an assumed risk that attendees take when they enter the park. It would have been different had a player unexpectedly thrown a bat, or she had been injured by blatant negligence, but foul balls cannot be blamed on anyone, nor predicted.

The Indiana Supreme Court will assess the facts of this appeal and are expected to come to a full decision within the year.

Have you been injured in a public arena like this? Although this injury was not ruled as negligent, plenty of injuries are. Had DeJesus slipped in a spilled drink, or had she sustained an injury from a broken stadium seat, these would have been more likely to be ruled as negligent injuries. Give the premises liability lawyers of Wagner Reese a call today and let us discuss your personal injury with you. We can help determine the right path for you, and help secure compensation to care for you and your family into the future.


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