A woman says she suffered a brain injury after being hit by José Ramírez’s bat when it flew into the stands during a baseball game.
Stephanie Duluc says the incident happened on June 2 during the Cleveland Guardians’ matchup against the New York Yankees at Yankee Stadium.
The 37-year-old was sitting behind home plate after receiving the tickets through her employer, according to ABC News. During the game, Ramírez lost his grip on the bat and it spun into the crowd.
The bat struck Duluc in the head and hands, with the moment shown on live television.
Broadcast footage later showed worried reactions from people in the stadium, including Ramírez.
Duluc was knocked to the ground by the impact, though she was later able to stand up again.
On August 1, she filed a complaint seeking $10,000,000 in damages from Yankee Stadium.
The lawsuit argues that negligence involving the height of the stadium’s netting contributed to her injuries.
CBS News reports that Duluc claims the protective netting in front of her section is much lower than the netting found in other areas of the ballpark.
The filing also claims that the bat hit her ‘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’.
Watch the moment the bat struck her below:
Duluc, a healthcare executive serving as Chief of Staff for SOMOS Community Care, says she has not been able to return to work because of the traumatic brain injury, concussion, and neck injury she says she suffered.
Because she says she is unable to work, she is seeking compensation for medical costs, lost wages, and other damages tied to the incident.
Her case could face hurdles because of America’s ‘Baseball Rule’.
That legal doctrine generally protects teams and stadium owners from liability in cases involving foul balls, bats, and similar in-game dangers, on the basis that fans share some responsibility for their own safety. The rule originated in 1913 and has been widely adopted by state courts across the country.
However, Duluc’s claims about the allegedly inadequate netting could prove central to her argument. Following several high-profile incidents of fans being injured by balls or bats, all 30 MLB teams expanded protective netting behind home plate and down the base lines. The lawsuit contends that Yankee Stadium’s netting in front of her seat is “significantly lower in height” than other netting in the park and similar areas at other stadiums, violating applicable safety standards.
Two weeks before the lawsuit was filed, Duluc appeared on PIX11’s Monica Makes It Happen while discussing a recent event sponsored by her company at Fordham University.
Although she appeared well enough to take part in that TV segment, her attorney Jon L. Norinsberg says that appearance does not undermine her claims.
Norinsberg said, per New York Post:
“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.”
He added:
“A brief television appearance does not mean she has recovered or is capable of performing her professional duties on a sustained basis.”