On the surface, the decision by a jury at Suffolk Superior Court in Massachusetts favoring the Boston Red Sox in a case in which it was sued by a plaintiff who was struck in the face by a foul ball might have seen surprising.
After all, the team had just removed the glass in front of the luxury seats above and behind home plate at Fenway Park meant to protect fans. This created a direct path for a foul ball to come careening off the bat of Red Sox slugger David Ortiz and strike the plaintiff, Stephanie Taubin of Brookline.
However, other factors weighed against Taubin — she admitted that she was aware of the risk and she saw the ball leave Ortiz’ bat.
The incident occurred in June of 2014. Taubin was sitting in EMC Club. The ball caused facial fractures and neurological damage. “I saw him hit the ball. I heard the ball come off the bat,” Taubin said. “It came up towards the right and then came over and hit me on the left side of my face.”
The situation was further exacerbated, reportedly, when a young woman working as a Red Sox ambassador showed up at the hospital and gave her a gift bag of souvenirs as she was undergoing treatment. “It was such insult to injury,” Taubin told the media. “This is the consolation prize for getting hit in the head? They’re going to send you a bobblehead?”
Taubin sued the team and owner John Henry for negligence and sought $9.5 million.
As mentioned above, the glass had been removed. This was due to renovations. The jurors ultimately concluded that Taubin assumed the risk of injury.
