A Yankees fan is suing the team for $10 million after she was hit in the head by a flying baseball bat as she sat in the stands for a June game.
Stephanie Duluc, 37, was sitting in a fourth-row seat directly behind home plate during the team’s June 2 game when Cleveland Guardians infielder Jose Ramirez’s bat went soaring into her section during the fifth inning, according to a lawsuit filed in Manhattan federal court, according to the New York Post.
Protective netting meant to shield fans from speedy foul balls and airborne bats did not keep Duluc safe. The bat hit Duluc “with such force that it knocked her from her seat and violently threw her to the ground, causing her to sustain severe and permanent injuries,” the lawsuit claims.
Duluc was left with a traumatic brain injury, concussion, severe light sensitivity and permanent damage to her neck and hands, the lawsuit claims.
These injuries are so severe they have prevented her from returning to her job as the chief of staff at the Bronx-based SOMOS Community Care, which owns the seats in the section where Duluc was sitting. The organization helps people find help with food and housing in their community.
The lawsuit argues that the beloved New York team is responsible for her injuries because the netting in that section was “significantly lower” than other nearby sections, leaving an “unprotected opening” for the bat to fly through.
Less than two weeks after filing the lawsuit, Duluc appeared on PIX11’s Monica Makes It Happen to discuss a recent event sponsored by her company. Her attorney, Jon L. Norinsberg, told the Post that her appearance does not mean she is not injured.
“Ms. Duluc continues to suffer significant residual deficits from her traumatic brain injury, including persistent headaches, sensitivity to light, balance issues, and other cognitive impairments,” Norinsberg said.
“A brief television appearance does not mean she has recovered or is capable of performing her professional duties on a sustained basis,” he added.
Duluc’s lawsuit may face trouble over the century-old “Baseball Rule,” a doctrine that usually exempts teams and owners from liability over foul ball, bat or other similar injuries.
However, stadiums may be found liable if they are found to have failed to provide adequate protection for fans.
The Independent has contacted the Yankees for comment.
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