(CN) – A minor league baseball team is not liable to a spectator who was hit by a foul ball in the picnic area, a New York appeals court ruled.
Judith Rosenfeld was hit with the ball at Hudson Valley Stadium, home of the Hudson Valley Renegades of the New York-Penn League. The Renegades are an affiliate of the major league’s Tampa Bay Rays.
Rosenfeld sued the architects, the county and the Renegades after she was hit with the ball.
Justice Pelzer of the Brooklyn-based Second Appellate Division agreed with the trial court’s dismissal of the case.
“Because the plaintiff did not allege that she was struck in the area behind home plate or that the screening was not sufficient to provide adequate protection for as many spectators as may reasonably be expected to desire such seating in the course of an ordinary game, she has failed to state a cause of action,” Pelzer wrote.