Spectator Injured by Foul Ball Strikes Out at Fenway

June 10, 2004

  • June 10, 2004 at 10:22 am
    Yankee Fan !!! says:
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    If we found out that someone filed suit like that, we would have beaten the sh!t outta him. Along with the Red Sox!

  • June 10, 2004 at 12:07 pm
    Red Sox Fan says:
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    Leave it to a Yankee fan to act like an $%#hole.

  • June 10, 2004 at 12:23 pm
    Baseball Fan says:
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    Great Decision. for Yankees, Red Sox and people who work hard and like to enjoy a good ballgame afterwards. This gold digging ignoramus got what she deserved…Nothing!

  • June 10, 2004 at 12:26 pm
    Me says:
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    EXACTLY!

  • June 10, 2004 at 12:29 pm
    Dana Downes says:
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    Do we have to tell Jane Costa that she could get injured crossing the street.
    If I am not mistaken the back of the sporting event ticket says the ticket holder assumes all risk of the game of baseball…

  • June 10, 2004 at 12:31 pm
    me too says:
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    I agree. I find it funny that the decision was based on someone of average intelligence. Sounds to me like she might have been a bit below average. Blonde, maybe?

  • June 10, 2004 at 12:32 pm
    W. Rascher says:
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    This wouldn’t happen at Oakland as they have an usher by the name of Mary Lou who warns you about the possibility of getting hit by a foul ball or a whole or a partial bat. By the way if Fenway were as large as the Network Coliseum in Oakland the spectator wouldn’t have been hit. What was she doing at a ball game not knowing anything about the game. Smells “fishy” to me. Don’t forget the A’s lead the Western Division of the A.L.

    An Oakland A’s fan

  • June 10, 2004 at 12:33 pm
    Sportsguy says:
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    I’m really glad that this woman was denied. Everyone knows that you assume risk by going to these games. Even the parents of that girl killed at the Columbus hockey game didn’t sue…

  • June 10, 2004 at 12:53 pm
    Sue Lockett says:
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    Maybe you wouldn’t find it so funny if it were your wife, daughter, sister, mother, get the picture. The article said she received permanent damage, I assume to her face. Some scam to go through the rest her life with permanent damage from a baseball. Maybe the spectators should be better protected from flying foul balls and broken bats. No one goes to a baseball game expecting to be injured by a baseball. Shame on your uncaring attitude towards another human being.

  • June 10, 2004 at 1:16 am
    Foul ball fan says:
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    No one reasonably wants to see anyone get hurt at a baseball game. It’s not insensitivity towards the injured person; it’s simply that requirements to protect people from the very obvious in our society runs rampant, and we are collectively diminished when no risk whatsoever is tolerated.

  • June 10, 2004 at 1:18 am
    Kevin D says:
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    It is a shame this girl was permanently injured. Major league baseball should do something for her and every other fan that is seriously injured at a game. We all pay a lot of money to attend these games, and this isn’t the type of thing you ever want to see. I am a Yankee fan and am embarassed at the other comments made by some of you. We should just be happy with our record against the Sox and leave it at that! They have to live with it.

  • June 10, 2004 at 2:21 am
    Rico Suave says:
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    It’s hard to believe any of the posts have come from insurance professionals. A few points:

    1) Major League Baseball and the Red Sox are well aware of the number and severity of injuries that occur as the result of foul balls at baseball games. This is not an isolated incident. They choose to not protect the fans.

    2) The NHL had the same attitude until a fan died as a result of being struck in the head by a puck.

    3) The NHL, the team and the venue were sued by the child’s parents and paid in excess of $2,000,000 in order to settle the claim.

    4) The NHL decided to protect the fans by installing netting.

    5) If you are a Yankee fan, you might remember when Don Zimmer was struck in the head by a Derek Jeter foul ball while he was sitting in the dugout. The Yankees chose to install protective netting in front of their dugout to more adequately protect their coaches and players. They have not made any changes to provide more protection for the fans. The Yankees choose to protect their employees but not the fans who support the team?

    6) On another note, MLB does not require walk-through metal detectors which are standard at NHL and NBA games. If a terrorist is allowed into a Yankees game with a weapon and causes injuries, would your position change?

  • June 10, 2004 at 3:09 am
    Sportsguy says:
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    My apologies. I misspelled the girl’s name when doing my research. (Who spells Brittany with an ‘ie’ at the end??) The fact that her family received a settlement is irrelevant to this topic. Death is much different than disfigurement.

    My tolerance for this overly litigious society is at an end. Gross disfigurement or not, everyone who enters that game ‘should’ know that balls go into the stands. This is America, right? And it said in the article that she was in the upper box section. Now, I don’t know the layout of Fenway, but it doesn’t sound as if she was sitting directly behind the dugout where screaming liners are hit all the time.

    I’m certainly sympathetic to the fact that the woman has some permanent (physical, not mental, right?) damage. That is a shame, truly. But to say that the team is responsible and that she’s owed something (aside from maybe reimbursement for the medical bills) sets me off. What burns me up is that in today’s world, there are no accidents. There are no freak occurances. Someone has to be at fault whenever something goes wrong. I hate it.

    Incidentally, did you all hear that Roy Horn is suing Montecore?

  • June 10, 2004 at 4:55 am
    left field says:
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    Have to agree with Rico Suave, you could try and protect a blind or sighted challanged fan with brail cards upon entrance to the park. But? would that really protect the fan from the odds of broken bats debris or foul ball injuries? Wouldn’t the moral solution be better suited if the protection were not limited to a selective radius?

  • June 11, 2004 at 10:34 am
    Wakefield49 says:
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    Mayhaps the next time she goes to a baseball game she’ll bring a glove and pay attention.

    This is obviously a case of someone with too much money buying good seats, thus making them not available for the average fan. Most Sox fans, after getting hit by a baseball, would frame the ball, know exactly who hit it, and tell the story 1000 times over the rest of their life.

    As for netting, it is both a) impractical and b) a pain to watch through. I’m a die hard hockey fan and I hate the netting with a passion. The puck is hard enough to follow as it is with its speed and size, and I don’t need to be searching through a black net for it as I sit behind the goal.

    And if you wonder why your tickets cost so much to go to these games…its exactly because of suits like these and the need to settle them.

  • June 11, 2004 at 10:51 am
    Jack Buck and Mike Shannon says:
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    We have become too litigious of a society where this is even being discussed at such lengths by insurance professionals.
    In life, both good and bad things occur and only some of them can legitimately be laid at the feet of others. We are responsible for taking care of ourselves in this world.
    And with all respects to Red Sox and Yankees fans, a Cardinals fan would have safely caught the ball, saving themselves and all around them.

  • June 11, 2004 at 11:02 am
    T C says:
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    Like she belongs there in the first place! If you can’t catch or throw a baseball do not sit anywhere except behind home plate ladies. And please watch the ball!!!!

  • June 11, 2004 at 6:52 am
    KOB says:
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    Part of the allure of attending a baseball game, opposed to sitting back in your comfy chair at home(and saving $30-$50/person) is the chance that you can catch a foul ball. Putting up a screen somewhat isolates the players from the fans, although it is not much of a hindrance to watching the game. fans want to be as close to the field as possible. Although I regret the fact that any person sustains an injury through no fault of their own, I do not think that the fault should be displaced on to the Red Sox. Why didn’t her friends warn her, when they knew she was ignorant (not used pejoratively)? What next?…. Was the batter negligent for “errantly” hitting the ball or letting the bat fly out of his hand? Wouldn’t be surprised if that sought of claim lands before a court.

  • June 14, 2004 at 8:47 am
    Al O'Reilly says:
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    Wow! This is one of the most heated discussions I’ve seen on IJ. As many have said, we baseball fans assume risk when we enter the ballpark. Heck, most of us enjoy that adrenaline rush when the ball heads your way. Then, it’s up to you whether to leap for the ball or duck to avoid it. And, I’d rather assume the risk of injury than have to look through a screen at the ballgame. While I don’t every fan to be an expert all should realize that they have a responsibility to WATCH the game.

  • June 14, 2004 at 8:59 am
    Laura/Dodger Blue!!! says:
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    Jeez, I’m so sick of placing contractors, let’s talk baseball!

    Yeah, I remember a couple of times at minor league games seeing people in the front rows holding a baby on their lap and I had a hard time watching the game because I was worrying about that baby!

    We are such a litigious society…everyone wants to place the blame anywhere but on themselves, and that’s got us into the huge pricing/coverage mess we’re in now. I know I’m way too old for this…insurance was a lot easier a few decades ago!

  • June 14, 2004 at 12:26 pm
    Yankee Fan says:
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    I agree this “crappy attitude” seems to persist everywhere these days…
    I am a Yankee Fan and proud of it…but the question is not about Sox fans vs. Yankee fans…leave that for the ball field…we are all BASEBALL fans and sure we do not want to see anyone hurt, but just like the ruling there are dangers you assume and take when entering a ball field, hockey rink or even a rock concert.

  • June 14, 2004 at 12:56 pm
    Laura says:
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    I hope the Red Soxs owner paid their medical bills…they should have. But I just have to comment on people who get hit with balls. I cannot believe how many ballgames I’ve been to over the years where the “fan” was hit by a ball, usually because they weren’t paying any attention to the game. First of all, there are plenty places to sit in the stadium where it’s unlikely you’ll get hit. Secondly, if you are sitting in an area that usually sees some foul balls, jeez, guys, pay attention. It amazes me how people will pay money to go to a ballpark, and then spend the whole time chatting with friends and never even notice the game. I should be so lucky to have your ticket!

  • June 14, 2004 at 1:41 am
    A Reds Fan says:
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    It would appear that filing suit has become our pastime of choice. No one wants to take responsibility for their own actions or choices–they’d rather play the “blame-game”. (Suing ‘McDonald’s’ though still takes the cake…)

  • June 14, 2004 at 1:49 am
    AAA GAME says:
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    Slightly different than this case but along the same lines.

    Two years ago I was at a triple A game, 3rd row behind first base. I pay attention to the game adamantly, Thank God!

    On my lap sits my 5 year old son, wearing his mitt. To my right, towards home plate is his empty seat and next to that is my wife. Opposing team’s left handed batter is sitting on a 2-2 count and swings at the next pitch. Geez, the damn bat flew out of his hand and was horizontally spinning and heading right towards my son’s head.

    My wife ducked to grab her head and just before the bat could kill my son, I had placed my left hand up to stop its deadly blow. I stopped the bat with the palm of my hand, absolutely no pain, and the bat dropped on my sons lap, he cried from fear and realized he was not in pain.

    Paramedics came to check on us, the fans cheered us on, probably for the fact no one was hurt, yet I always hoped it was for the great stop.

    My son now has Jack Cust’s official bat and practice bat because after the game we went to the dugout to get a signature on the bat my son was allowed to keep. Mr. Cust decided to sign the two bats and give them both up.

    Some humorous dialog between my son and Mr. Cust:

    My son asked Mr. Cust, “How come there’s sticky stuff on the bat?”

    Mr. Cust- “So that the bat doesn’t slip out of your hands!”

    My son- “Didn’t work too good, did it?”

    No lawsuits were filed and no injuries were sustained.

    I go to the games expecting to see flying objects leave the park,(hence, the reason we all take our mitts); but if it occurred at that split second when I could have been distracted by something, my son may not be here today.

    Under certain circumstances, I believe that Baseball Management can make their own decisions as to assist someone injured by a ball or bat that might leave the field. Usually though, they are afraid to offer anything as that fact, in and of itself, becomes construed as an admission of liability and the water becomes clouded with “EASY MONEY” thoughts.

    My vote is “NO” to litigation in ANY suit of this nature.

  • June 14, 2004 at 2:45 am
    Tony Hart says:
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    I agree with the court’s finding that the ball park is not accountable. This reminds me of another ongoing issue on a golf course… Should golfers be made accountable for hitting errant golf balls into adjacent houses? If it was accidental then that is the price one pays for living close to inherant dangers.

  • June 21, 2004 at 9:53 am
    Mark says:
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    I agree with this fan’s comments. He hit the nail on the head. Ballparks can’t do too much for fans for fear of being held liable. It comes down to personal liability. If this snowball keeps getting bigger and more ballparks are getting lawsuit after lawsuit, then it will lead to nets around the whole field of play,and nobody wants thats.



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