Top Ad
I DIG Radio
www.idigradio.com
Listen live to the best music from around the world!
I DIG Style
www.idigstyle.com
Learn about the latest fashion styles and more...

Court: Lawsuit over foul ball injury can proceed

Written by 
Published in Baseball
Tuesday, 16 March 2021 17:55

CHICAGO -- An Illinois appellate court ruled Tuesday a woman struck by a foul ball at Wrigley Field can move ahead with a lawsuit she filed against Major League Baseball.

In upholding a lower court ruling, the appellate court said the plaintiff was not limited to arbitrating her case with Major League Baseball. It noted the arbitration provision was hidden in fine print and couldn't be appreciated by the plaintiff.

Laiah Zuniga was struck in the face by a foul ball during a 2018 Chicago Cubs game. In the lawsuit filed last year, Zuniga says the ball knocked her unconscious, caused facial fractures and extensive damage to her teeth. She says she was hit because the stadium hadn't extended netting that protects fans from foul balls all the way down the third base line, where she was sitting.

Professional sports teams have largely been protected from lawsuits. Language on the back of ticket stubs states the ticket holder assumes the risks and dangers that come with attending a game. The assumption of risk has been spelled out on ticket stubs for more than a century.

In its opinion, the court noted the likelihood a ticket holder would see or read the full arbitration provision by accessing a team's website or visiting its administrative office is diminished further by the minimal effort on the ticket to draw the holder's attention to the need to do so in order to understand they are agreeing to binding arbitration.

"I think it was a well-reasoned ruling," said Henry Simmons, managing partner of the law firm representing Zuniga, noting a ticket holder is at a disadvantage when it comes to the conditions listed on the ticket stub.

Simmons pointed out the need to go to a team website to learn the terms of the arbitration agreement and finding out that ticket holder option of notifying them within seven days if you rejected the terms.

"It doesn't make any sense," Simmons said. "That is the reason the court found it unconscionable."

An attorney representing MLB did immediately return telephone calls for comment on the appellate court decision. The appellate court's ruling can be appealed before the Illinois Supreme Court.

MLB issued recommendations for protective netting or screens in December 2015, encouraging teams to have it in place between the ends of the dugouts closest to home plate. The push for an expansion increased after a series of spectator injuries.

Before the 2018 season, Major League Baseball mandated netting extend to the far end of each dugout.

Read 316 times

Soccer

Napoli honor Maradona on anniversary of passing

Napoli honor Maradona on anniversary of passing

EmailPrintOpen Extended ReactionsNapoli fans and club officials paid tribute to Diego Maradona on th...

Ronaldo double bolsters Al Nassr's ACL place

Ronaldo double bolsters Al Nassr's ACL place

EmailPrintOpen Extended ReactionsCristiano Ronaldo netted a pair of goals in Al Nassr's Asian Champi...

Raya warns Arsenal of 'in-form' Gyökeres' threat

Raya warns Arsenal of 'in-form' Gyökeres' threat

EmailPrintOpen Extended ReactionsDavid Raya has warned his Arsenal teammates that Sporting CP forwar...

2026 FIFA


2028 LOS ANGELES OLYMPIC

UEFA

2024 PARIS OLYMPIC


Basketball

Morant back for Grizzlies after missing 8 games

Morant back for Grizzlies after missing 8 games

EmailPrintOpen Extended ReactionsMEMPHIS, Tenn. -- Ja Morant was in the lineup Monday night for the...

Rockets' VanVleet hit with $50K fine for tirade

Rockets' VanVleet hit with $50K fine for tirade

EmailPrintOpen Extended ReactionsRockets guard Fred VanVleet was fined $50,000 by the NBA on Monday...

Baseball

Ex-big leaguer Chirinos joins O's as bench coach

Ex-big leaguer Chirinos joins O's as bench coach

EmailPrintOpen Extended ReactionsBALTIMORE -- Robinson Chirinos replaced Fredi González on Monday as...

MLB alters Rays' schedule; 69 of last 103 on road

MLB alters Rays' schedule; 69 of last 103 on road

EmailPrintOpen Extended ReactionsNEW YORK -- Major League Baseball switched a pair of series involvi...

Sports Leagues

  • FIFA

    Fédération Internationale de Football Association
  • NBA

    National Basketball Association
  • ATP

    Association of Tennis Professionals
  • MLB

    Major League Baseball
  • ITTF

    International Table Tennis Federation
  • NFL

    Nactional Football Leagues
  • FISB

    Federation Internationale de Speedball

About Us

I Dig® is a leading global brand that makes it more enjoyable to surf the internet, conduct transactions and access, share, and create information.  Today I Dig® attracts millions of users every month.r

 

Phone: (800) 737. 6040
Fax: (800) 825 5558
Website: www.idig.com
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Affiliated