Plaintiff, accompanied by her husband and their two children and two foster children, attended a minor league professional baseball game. Two members of their party brought gloves to catch fly balls. The plaintiffs seats were almost directly behind home plate, behind protective netting. The plaintiffs did not know that the ball players would throw promotional souvenir balls into the stands prior to taking their positions and before the start of the game. The plaintiff was watching the mascot when one of the players through a promotional souvenir ball over the net behind home plate. The ball struck plaintiff in the face near her left eye and nose, resulting in legal blindness in her left eye, an orbital fracture and nasal fractures, and on-going psychological trauma. Her son, seated two seats away, unsuccessfully attempted to catch the ball with his glove. The plaintiff contended that the defendants gave no warning that balls would be thrown into the seats and directly at the crowd. The defendant contended that the public address announcer warned, “Here come those balls” before the balls were thrown. The children made claims for emotional distress and the husband made a claim for emotional distress and loss of consortium.
The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.