GaryMrMets
07-14-2004, 01:08 AM
http://hosted.ap.org/dynamic/stories/B/BBM_FOUL_BALLS_LAWSUIT?SITE=NJCAM&SECTION=SPORTS&TEMPLATE=DEFAULT
Jul 13, 12:31 PM EDT
N.J. Baseball Fans Can Sue if Hit by Ball
NEWARK, N.J. (AP) -- Baseball fans can sue if they are injured by a foul ball around the concession areas in New Jersey's minor league ballparks.
The state appeals court overturned an earlier ruling Monday, allowing a Newark man who was hit in the face by a ball while at a concession stand to sue the Newark Bears and the food service company at Bears and Eagles Riverfront Stadium.
The appellate panel said that while fans who attend sporting events assume some risk of balls flying into the stands, that standard should not apply while they are at concession areas.
The judges said fans in those areas should have more protection because they can "let down their guard."
Louis Maisonave, 46, had a bone in his face broken when he was struck by a ball during a Bears game on Aug. 26, 1999, while standing in front of a vending cart.
James J. Horan, attorney for Gourmet Dining Services of South Orange, which provided concessions for the stadium, said the company is considering an appeal to the state Supreme Court.
© 2004 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Jul 13, 12:31 PM EDT
N.J. Baseball Fans Can Sue if Hit by Ball
NEWARK, N.J. (AP) -- Baseball fans can sue if they are injured by a foul ball around the concession areas in New Jersey's minor league ballparks.
The state appeals court overturned an earlier ruling Monday, allowing a Newark man who was hit in the face by a ball while at a concession stand to sue the Newark Bears and the food service company at Bears and Eagles Riverfront Stadium.
The appellate panel said that while fans who attend sporting events assume some risk of balls flying into the stands, that standard should not apply while they are at concession areas.
The judges said fans in those areas should have more protection because they can "let down their guard."
Louis Maisonave, 46, had a bone in his face broken when he was struck by a ball during a Bears game on Aug. 26, 1999, while standing in front of a vending cart.
James J. Horan, attorney for Gourmet Dining Services of South Orange, which provided concessions for the stadium, said the company is considering an appeal to the state Supreme Court.
© 2004 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.