A judge has thrown out a New York Mets fan’s lawsuit against the team and Major League Baseball over a bat that broke and flew into his face in the former Shea Stadium’s stands.
A judge dismissed the case Wednesday. James Falzon sued last summer over the August 2007 incident.
Falzon’s lawyer says he plans to appeal. A lawyer for the team and league had no immediate comment.
Falzon has a separate lawsuit that’s still ongoing against the bat’s makers.
Falzon’s suit follows years of discussion of the safety of maple baseball bats like the one that hit him.
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