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Woman injured by foul ball cannot sue


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Just came across something interesting.

P.S. If it was already posted, ignore.

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.

http://sports.espn.go.com/mlb/news/story?i...artnersite=espn

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Excellent.

While I agree with the decision, I am surprised by it. It's about time a judge stoppped these stupid lawsuits.

Anyone remember the hot coffee from McDonalds?

and just recently, a couple was found guilty of extortion and intent to commit fraud when they placed a dead mouse in soup bought from the Cracker Barrel. Jerks... :angry:

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Well on one hand I feel pretty bad for her. I'dlike to think that the teams would have paid for her surgery just out of kindness but I also agree that they shouldn't be required to pay either.

It's just what happened to her is a little bit more extreme than just getting knocked out/bruised whatever.

I feel for her but in the end they shouldn't have to pay, but I wish they would have covered her bill.

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Agreed, finally someone has stood up to stupid lawsuits.

Feel bad for the woman, and this is why being cheap and sitting in the bleeders rocks!

Possibly she shouldn't have gone straight to the legal action - it's very aggressive - try and work it out in person first. But thats an assumption.

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According to Red Sox officials, three to four dozen patrons each season are injured by foul balls.

They should just supply some gloves or maybe helmets for those down there lol

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sucks for her.. but they got this one right. You need to be alert at all times, especially if youre gonna sit that close to home plate. at almost all ballparks they make announcements before the game too, that bats and balls may enter the stands. it's also on the ticket stub. baseball would be in a lot more financial trouble than it is alraedy if they had to pay off everyone that gets hit with a foul ball

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She shouldn't be able to sue. Going to any sporting event, you should know that there is a risk of getting injured. That's like suing a restaurant because the coffees hot and you set it between your legs (which has really happened in Virginia).

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She should be able to sue...........but only for the amount she had to pay for the surgery.

why? she assumed the risk of getting her face pwned by a foul ball when she sat 141 feet from home plate. she should have been paying attention to the game. the red sox have no control over where the ball is hit, and they are in no way responsible

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I am willing to bet she wasn't paying attention to the game... Why go if you aren't gonna pay attention.... I'd say it was a lesson learned for her...

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