Cobb County

Appeals court rules Braves can’t use ‘baseball rule’ to dismiss fan’s lawsuit

World Series - Atlanta Braves v Houston Astros - Game Four ATLANTA, GEORGIA - OCTOBER 30: Jorge Soler #12 of the Atlanta Braves hits a solo home run against the Houston Astros during the seventh inning in Game Four of the World Series at Truist Park on October 30, 2021 in Atlanta, Georgia. (Photo by Elsa/Getty Images) (Elsa/Getty Images)

COBB COUNTY, Ga. — The Georgia Court of Appeals ruled a lawsuit filed by Atlanta Braves fan hit by a baseball at the 2021 World Series shouldn’t have been dismissed.

The woman filed a lawsuit against the Braves and former outfielder Jorge Soler. She said she attended Game 3 of the 2021 World Series at Truist Park with her husband and brother-in-law. The group sat in section 109.

Around the fifth inning, the woman said Soler threw a ball into the stands that hit her directly in her eye. She said the game was not in play at the time. The woman’s attorneys say she had multiple fractures and swelling to her eyes that will need long-term medical care.

[DOWNLOAD: Free WSB-TV News app for alerts as news breaks]

The Braves argued that Georgia’s “baseball rule” protected them from a lawsuit. The rule states that someone who buys a ticket to a baseball game “voluntarily assumes the risks” and knows there is the “likelihood of wild balls being thrown and landing in the grandstand or other unprotected areas.”

A Cobb County Superior Court judge ruled in favor of the organization and dismissed the lawsuit.

In Friday’s ruling, the three-judge panel reversed the lower court’s decision saying there wasn’t any discovery conducted yet. But they said they do not express any opinion to the merits of the case, only that it should go back to Cobb County.

Channel 2 Action News reached out to the Atlanta Braves for a statement on Monday morning but has not heard back.

TRENDING STORIES:

[SIGN UP: WSB-TV Daily Headlines Newsletter]

0