Norrisv.Atlanta Braves, Inc.
Mayra Norris was struck in the eye by a baseball allegedly thrown overhand and with force by Braves outfielder Jorge Soler between innings at a World Series game, and she and her husband sued both Soler and the Braves. The trial court dismissed the case at the pleading stage under the Baseball Rule, reasoning that souvenir balls thrown into the crowd are inherent risks of sitting in unprotected seats. The Court of Appeals of Georgia reversed. It held that the complaint did not establish with certainty that the Baseball Rule barred every possible theory of recovery, especially given the allegations that the throw happened while the game was not in play and was neither an ordinary game action nor a routine warmup. Because the pleadings still left room for proof on negligence, premises liability, vicarious liability, and the derivative claims, dismissal was premature.
Loading published copy…

