Woman strikes out in attempt to sue RailCats for injuries
Post-Tribune Staff Report February 15, 2013 2:41PM
Updated: February 15, 2013 10:20PM
GARY — A Gary woman blinded by a foul ball at U.S. Steel Yard in 2009 failed to prove the park owners failed to protect her from injury, the Indiana Court of Appeals ruled Friday.
Juanita DeJesus, who lives just blocks from the Gary South Shore RailCats stadium, said she was hit in the head by a foul ball on May 23, 2009. In her lawsuit, DeJesus asserted that “protective screening” should be installed “continuously from first to third base.”
Attorneys for the RailCats sought summary judgment on the case, which was denied. An interlocutory appeal, however, resulted in a favorable ruling. The original trial court judge has been ordered to dismiss her case.
Appellant judges said DeJesus failed to prove the operators of the park were negligent in their care of the property. The appeal ruling states DeJesus was a fan who had attended “numerous” games and that there are posted signs and announcements warning patrons to be aware of balls flying into the stands.
“DeJesus acknowledged that she saw the warnings about the potential for ball to enter (the) stands,” the judgment states.