SAN FRANCISCO (AP) Lawyers for an Oakland Athletics season ticket-holder who sued Major League Baseball in July asking teams to extend protective netting at ballparks have filed an amended complaint detailing more alleged injuries and adding two more plaintiffs.
The suit was filed in U.S. District Court in San Francisco on July 13, a day ahead of the All-Star Game, against MLB and commissioner Rob Manfred. The revised suit was filed Thursday, ahead of the start of the World Series next week, and claims nearly 90 additional injuries have occurred since the suit originally was filed. It adds the 30 big league teams as defendants.
Gail Payne, who has been attending A's games since 1968, is original plaintiff in the suit, which seeks class-action status. MLB lawyers filed a motion on Oct. 2 asking U.S. District Judge Samuel Conti to dismiss the suit, saying she lacked standing because she had never been injured.
The revised suit adds two more plaintiffs, Robert Gorman, a season ticket-holder of the Triple-A Charlotte Knights who says he was hit on the head by a foul ball about 15 years ago, and Stephanie Smith, who alleges she was hit by a foul ball at Dodger Stadium on June 7. The suit says she is believed to have broken ribs and alleges she has a 10-15 percent collapsed lung.
The lawsuit alleges negligence, fraudulent concealment, personal injury, and violations of the California competition law, California's consumer legal remedies act and California's civil code. The suit seeks damages, an injunction, costs and legal fees.
Baseball owners are expected to discuss extending protecting netting when they meet in Dallas on Nov. 18-19.