Juanita DeJesus was seriously injured when hit on the head by a foul ball at a m
ID: 400339 • Letter: J
Question
Juanita DeJesus was seriously injured when hit on the head by a foul ball at a minor league baseball game and sued the stadium operators for negligence and premises liability. The case progressed to the Indiana Supreme Court where the Indianapolis Indians urged the State Supreme Court to dispose of the premises liability and negligence claims in one fell swoop by adopting the so-called Baseball Rule, which provides that: a ballpark operator that provides screening behind home plate sufficient to meet ordinary demand for protected seating has fulfilled its duty with respect to screening and cannot be subjected to liability for injuries resulting to a spectator by an object leaving the playing field. Should the Court adopt this clear and unambiguous rule for the national pastime? Does the Court have authority to make such a ruling? How would you decide her negligence claim? [South Shore Baseball, LLC v. DeJesus, 11 N.E.3d 903 (Ind.)]
Explanation / Answer
Answer.
The court should not adopt the so called baseball rule, because people come to enjoy the game in their pastime and must be given protection against such issues and injuries, or state that they must protect themselves from foul ball or objects hit out from the stadium.
The court have authority to make such ruling, The Court ultimately concluded that the enactment of the Baseball Rule in Indiana was better left the judgment of the legislature, recognizing that Arizona, Colorado, Illinois and New Jersey had codified the Baseball Rule.
As to the negligence claims of Juanita, the Court found that she was unable to establish that she had relied on the netting to protect her from the danger presented by foul balls. Specifically, she had testified in her deposition that she had seen foul balls enter the stands before at games and even admitted that she knew that a foul ball could come her way while she was sitting in her seat that day.
Source:
Tuesday, August 26, 2014
Indiana Supreme Court Finds for RailCats but Declines to Adopt Baseball Rule in Fan's Foul Ball Injury Case
Southshore Baseball, LLC v. Juanita DeJesus, No. 45S03-1308-CT-531 (Ind., 2014)
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