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Stoopid fan can't sue for being hit by foul ball...


Sanity prevails...

BOSTON -- A woman who was seriously injured by a foul ball at Fenway Park has no grounds to sue because she assumed a risk by attending the baseball game, a state appeals court ruled.

The Red Sox "had no duty to warn the plaintiff of the obvious danger of a foul ball being hit into the stands," the court said Wednesday in blocking Jane Costa's personal injury lawsuit from going to trial.

The three-member panel said that even someone with scant knowledge of baseball should realize that "a central feature of the game is that batters will forcefully hit balls that may go astray from their intended direction."

Costa, who was injured in 1998, sued the team for $486,909 in lost wages and medical expenses. She had been sitting about 20 rows behind the Red Sox dugout when Boston's Darren Lewis hit the foul ball.

Costa had to undergo reconstructive surgery that installed eight plates in her face, said her lawyer, James R. Burke.

According to court documents filed by Burke, an expert calculated that the ball was traveling about 90 mph when it struck Costa about 141 feet from home plate.

"I'm more than angry. I was in critical condition," Costa told The Boston Globe. She said Red Sox management and players are "bickering over millions and millions of dollars to hit a ball, and when one of their fans get hurt, they don't care."

According to Red Sox officials, three to four dozen patrons each season are injured by foul balls.
I'm glad that the court made a reasonable decision. I sure as hell wouldn't have granted her an award for that.

Think about that for a minute though- getting smacked in the face with a ball going about 90mph? Man, that must hurt like a bitch! :dead:
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If you have ever attended a game at Fenway would you know that you have to pay attention at all times during the game. The park is so small that anyone could get hit with a ball. In just the one game that I attended there this year, two or three foul balls were hit my way. I feel bad that this woman sustained such severe injuries, but I agree that it doesn't warrant a lawsuit. You should know what you are getting into when you attend any sort of sporting event.

Gregory, I don't know if I would go so far as to say that no women should attend a baseball game, but I do agree that if you aren't going to watch the game then you shouldn't go. I just happen to be female and a rapid sports fan, so that's not an issue for me. :)
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Doesn't it state on the back of the ticket that you assume all the risk while at the ball park? I'm pretty sure it does. Maybe they can give her a autographed baseball from Manny "The Moron" Rameriez as a consolation prize.

Besides, I've been going to game all my life and have never caught a foul ball... she should consider herself lucky. The only problem is that she caught it with her face. :wink:
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Exactly. I remember going to watch the Reds when I lived in Ohio and the back of the ticket stated very plainly that the ballclub, city, etc. assummed no responsibilty for injuries caused by being hit with a foul ball. Anyone who has any idea at all of what a baseball game is is aware of this possibility. Why else do fans show up with ball gloves? It's in the hope of catching a foul ball. This woman, who apparently did suffer some serious injuries due to getting hit, was just in the wrong place at the wrong time. That is the risk that you take. This one ranks up there with that woman who, unfortunately, successfully sued McDonalds a few years ago because she spilled hot coffee on herself. That was a joke of a lawsuit also....it should have been thrown out of court.
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I'm glad that this lawsuit was overturned. But...If this was a kid that had gotten hit. The nets would've been up six years ago. Everyone would've been outraged that the MLB was behind the times in safety standards, and that the kids family should be paid an enormous amount of money, to make up for the MLB's negligence.
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