Baseball fan can proceed with suit against Braves, Soler: Court

A fan who was hit in the face by a baseball can proceed with her suit against the Atlanta Braves and its former right fielder Jorge Soler, a Georgia appeals court ruled, overturning a lower court that dismissed the case.

In Mayra Norris v. Atlanta Braves Inc., a couple who attended a 2021 World Series game between the Braves and the Houston Astros allege that, between innings, Mr. Soler threw a baseball “with great force, speed and intensity” in Ms. Norris’ direction, striking her in the eye, causing multiple injuries.

The couple sued, alleging premises liability and vicarious liability against the Braves.

The Braves argued that the “Baseball Rule” barred the claims because spectators assume the risk of being injured by a baseball when they attend a game. The trial court agreed and granted the defendants’ motion to dismiss.

The Court of Appeals of Georgia in Atlanta, though, reversed Friday, finding that “there is nothing in the complaint to indicate that the Plaintiffs understood and appreciated the risk of a baseball being thrown in Mayra’s immediate direction when the game was not in play and that they voluntarily exposed themselves to this risk.”

The Braves did not immediately respond to a request for comment.