Cubs Dropped From Foul Ball Suit, If Only Temporarily

As we previously reported, a Cubs fan was struck in the face by a foul ball during an August 2017 game at Wrigley Field, where he brought his children to watch from the first base line. The injury left John “Jay” Loos blind in one eye and his other eye vulnerable to the same. He filed suit against both the MLB and the Cubs in October, alleging negligence by both parties, specifically, for failing to install a net which would have otherwise shielded him…
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MLB, Chicago Cubs Ask Judge to Toss Fan’s Foul Ball Blindness Suit

The Chicago Cubs and Major League Baseball moved to dismiss a negligence suit on December 15, 2017 before a Cook County Circuit Court, arguing that the Illinois Baseball Facility Liability Act bars the plaintiff’s claims. John “Jay” Loos sued the Cubs and MLB in October, claiming they were negligent for failing to install enough netting behind home plate. Loos claimed the foul ball hit by a Pittsburgh Pirates player on August 29 at Chicago’s Wrigley Field not only left him blind in one eye, but…
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MLB Fans Swing ‘n Miss on Safety Netting Suit in Ninth Circuit

The Ninth Circuit Court of Appeals concluded that Gail Payne and Stephanie Smith lack standing to seek an order requiring more safety netting and other protective measures at all Major League Baseball ballparks, pointing to the League’s evidence indicating that the risk of injury is very slim. The Ninth Circuit refused to reinstate the lawsuit, affirming U.S. District Judge Yvonne Gonzalez Rogers’ ruling in November 2016 that tossed out the suit. Judge Rogers had agreed that injuries to baseball spectators, especially children, are more severe…
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Plaintiffs Strike Out in Suit Seeking to Extend MLB Stadium Safety Netting

Plaintiffs’ hopes of extending the foul ball safety net further down the first- and third-base lines at all 30 Major League Baseball stadiums were dashed recently when a California U.S. District Court dismissed the lawsuit for lack of standing. The plaintiffs’, Oakland Athletics fan Gail Payne and Los Angeles Dodgers fan Stephanie Smith, claim that the extension of the safety net was required to protect fans from injuries caused by foul balls and broken bats, but U.S. District Judge Yvonne Gonzalez Rogers found the…
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Can a Baseball Fan Argue Fear is Sufficient Injury in Class Action?

On July 11, 2013, Gail Payne filed a class-action lawsuit against Major League Baseball (MLB) in the Federal District Court in Northern California. Payne claimed the MLB did not do enough to “protect fans from fast-moving balls and splintered bats.” Payne and the class members were seeking injunctive relief: to create better protections to MLB fans by adding more netting to stop foul balls and broken bats along the first and third-base lines. The lawsuit referenced a study by Bloomberg News in 2014, which reported…
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MLB Wins Partial Dismissal in Stadium Netting Suit

MLB partially won its motion to dismiss the class action lawsuit over stadium netting. A California federal judge recently ruled that the court lacked authority over the claims against out-of-state MLB teams. The lawsuit arose in July 2015, when named plaintiff Gail Payne brought suit against all 30 MLB teams and Commissioner of Baseball Rob Manfred. The complaint alleged that MLB failed to protect fans with proper safety netting. Payne, a longtime season ticket holder of the Oakland A’s, claimed she once had to…
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MLB Commissioner Encouraging Ballparks to Extend Netting Amid Class Action

On Wednesday, December 9, 2015, Major League Baseball (MLB) Commissioner Rob Manfred recommended all 30 MLB teams extend safety netting behind home plate to the end of each dugout. Currently, there is a class action lawsuit pending in a California federal court seeking to force the MLB to extend the safety netting from foul pole to foul pole. The MLB was hit with the lawsuit in July by season-ticket holder Gail Payne on behalf of all season ticket holders in currently unprotected areas of MLB…
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