Court Affirms Earlier Ruling That Municipality Is Shielded From the Impact of Errant Baseballs

A Massachusetts appeals court has affirmed the ruling of a trial court that a municipality in that state is protected by sovereign immunity in a case in which it was sued by a resident and his spouse who lived adjacent to a baseball diamond and claimed its use was a “nuisance” because of errant baseballs.   Plaintiff Donald Metcalf’s property abuts a city-owned baseball diamond, “where various school baseball teams sponsored by the Town Parks and Recreation Commission frequently pla