You Be the Judge

The Case of the Fan in the Line of Fire

An unlucky onlooker is hit in the face by a wayward baseball. Can she sue and win?

bleeding baseballNoma Bar for Reader's DigestBY THE TIME Tracy DeBrigida arrived at the field, her 13-year-old son’s baseball game had already started. There were no bleachers and not a lot of open places to sit, so she laid out her blanket against a fence behind the first base line. The fields near Palmer Elementary School in Easton, Pennsylvania, were packed on this July 2009 morning. At least six games were already under way in the first round of a Little League tournament organized by the Lehigh Valley Stealth baseball team.

Just as Tracy arrived, the teams began warming up for the second inning, and she chatted with her husband, John, both then 39, who was first base coach. Suddenly, John heard a ball slam against something. He figured it had hit the fence—until he turned around and saw Tracy doubled over with blood covering her face. The shortstop had thrown wide to the first baseman, and the ball had struck Tracy on her right cheek. The impact broke her cheekbone, nose, and orbital bone, and it cracked her jaw.

Her recovery took months and included surgery to have titanium plates implanted in her cheek and behind her eye. Because Tracy is a stay-at-home mom, John had to take off from work at his construction company to help care for their three children. Although the tournament’s insurance paid Tracy’s medical expenses, John says, “I couldn’t even put a value on all those nights she spent crying and me losing so much income.

“I could never catch up,” he added. “I had to give up my company.”

Two years after the accident, on June 20, 2011, the DeBrigidas filed a suit against the Lehigh Valley Stealth baseball team, claiming in part that the organizers had failed to “cordon off a spectator area so that the spectators would not be in the ‘line of fire’ ” and had failed to “secure appropriate equipment that would block errant throws from striking spectators.”

Lehigh Valley Stealth’s attorneys responded with a motion to dismiss the case on summary judgment, arguing that their clients were not liable under the “no duty rule,” which “provides that a defendant owes no duty of care to warn, protect, or insure against risks which are ‘common, frequent, and expected’ and ‘inherent’ in an activity.”

Were tournament organizers negligent for not adequately protecting spectators during the baseball game? You be the judge.

THE VERDICT

On March 6, 2013, a Lehigh Valley judge threw out the case. “Foul balls, wild throws, and the odd bounce are all part of the game,” the judge ruled. The DeBrigidas appealed to the Pennsylvania Superior Court, arguing that unlike at professional games, where a disclaimer is commonly displayed on the back of the ticket, their son’s tournament sold no tickets; therefore, there was no disclaimer. Moreover, in a deposition, the Stealth team’s president admitted that they never considered the safety of spectators on the first base side of the field. The judge wasn’t swayed: “We decline to hold that [the defendants] owed a duty to ensure the spectator area was situated a specified distance away from the field or to erect a protective screen.” On December 31, 2013, the case was dismissed again. More than four years after the incident, John DeBrigida says that at games, “sometimes my wife is so afraid she’s going to get hit that she sits in the car.”

Was justice served? Sound off in the comments below.

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20 thoughts on “The Case of the Fan in the Line of Fire

  1. It is certainly NOT her fault if they do not think about the saftey of the crowd. SHe needs to be paid back for all the money they lost because her husband had to stay home. They did not provide a disclaimer. It is very sad that the court does not realize this is what should have been ruled in the first place.

    1. I agree God forbid a 39 year old show some common sense and take some responsibility for her own actions. They should sue….oh wait they did and it got thrown out…TWICE.

  2. It’s very unfortunate but you can’t expect that no mishaps will befall you in this life. And you can’t always expect to make money out of any that do. Heavens we used to accept that accidents will happen but now everyone is so litigious it is sickening. There’s more to life than money.

  3. Were they required to secure the area? If they were, than legal action should be taken. If they weren’t, than its not their fault that the ball hit her face. It was not done on purpose, and no laws were broken, so…

  4. Justice was served and we NEED to start taking responsibility for our own actions or better yet our inaction! She was standing by a field with a game going on but obviously was not watching the game. I am sorry for her injuries but no one is at fault but her for not watching the game! America needs to change our sue everyone mentality, she should now promote awareness at sporting events.

  5. I can’t believe John Debrigida has the guts to say that he had to give up his company. This guy has been ripping a lot of people off in the Philadelphia area. I hired John Brigida (company name at that time was Outdoor Dreamspaces) to build my deck but he took off. He was arrested a few years ago for writing bad checks and not performing work he was hired for. There is an article about him online and his mug shot is online too. All you have to do is google his name/picture. He was ordered to pay restitution and was ordered by the judge to not do construction anymore. He kept changing the name of his company b/c he ripped off a lot of people in the area. After Outdoor Dreamspaces he changed the name of his company to Dreamscape. All you have to do is to contact the Montgomery County’s district attorney’s office and talk to guy who prosecuted him. He can also access all his prior arrest records on the Montgomery County’s website. The writer of this story should look more into John and Tracy Debrigida’s background. There is more to the story. Obviously, in my opinion, the purpose of suing the baseball league was to get quick and easy money. There should be an update on this article concentrating more on the character of the John Debrigida. Just contact local district court such as boyertown and you will see that he wrote a bad check and John’s wife, Tracey Lynn Debrigida (maiden name Mullarkey) filed a third party claim when the victim tried to cease his property (order of execution). His wife knows what he’s doing and therefore, enabling him to rip people off. By the way, last I heard he was working as an estimator for C and C Family roofing in the Philadelphia area. They should have done a background check on John Debrigida before hiring him. This articl is really not about baseball. Its really about husband and wife trying to get quick and easy money. I you know John Debrigida you will understand what I am saying. Do people really need to tell John and Tracy that its dangerous to watch baseball behind first base? Do Penndot have to tell them its dangeruous to croos an intersection without using a footbridge? I hope you get my point. Use your common sense.

  6. Having been through a similar accident, I feel for her. For me, I was playing the game and my own teammate threw a bad ball. But I blame myself for talking my eye off the ball. And I wouldn’t sue anyone over it. Yes the recovery was long and painful. Yes I cried. I even flipped out once because I thought there was a bubble on my eye! And I will always have issues here and there with that eye. But now I never sit somewhere where I could get hit if I weren’t paying attention! Hindsight is 20/20, right?

  7. I agree with the verdict. I don’t know why we, as a people, believe we have no responsibility in being aware of our surroundings and/or situation. If you ride a bike you may fall off, if you go to a game a ball may come into the bleachers, or over the back stop or anywhere else in the general vicinity. It is sad that she was hurt but its the is failure to take responsibility for anything that made them believe they could sue in the first place. If he needed someone to help take care of the kids and her, why didn’t it occur to them to hire someone or ask a family member? Wouldn’t it be less expensive to hire a sitter than loose your job and hope to recover the loss via a law suit?

  8. Actually, a baseball or other entertainment venue can be held liable but there has to be negligence. Those waivers on the back of pro baseball tickets are worhtless as to legality. They are there to make people think they cannot make a claim.

    This case seems to generally have been handled well, except that it may be that the claimant attorney did not make the appropriate case.

    First, stupidity is allowable when making a claim; however, in this case it appears two issues may not have been discussed. One, as a little league event, the organizers reasonably would expect visitors, including parents, so should have taken reasonable action to avoid expected causes of injury,ie. a backstop and 3rd/1st base line fences. These are common at every little league game I have ever seen. Is it common it that area? Second, the husband was a 1st base coach. He has a duty, as does the umpire crew, to check the field area for safety and proper lines. Did they? what about the bench coach for the team in the 1st base line dugout? I expect not, or they would have seen fans inside a fence behind 1st base. Everyone knows there are wild throws and fouls down the line.

    Accordingly, the verdict seems appropriate but not for the proper reason. It appears the judge needs some education, the little league group needs some education (particularly the coaches), whoever owns the field (city) needs some education. It appears the only people who acted appropriately were the insurers who paid the medical bills.

    For the record, I am a 30 yr youth coach and an insurance regulatory compliance consultant, formerly claims lit manager.

  9. justice was not served they had nothing to warn people they should have won the case and they should be held responsible for there wrongs the field should have a safty cage around the diamond

    1. This is the very logic that is ruining our society. Why would you need to be warned that a stray ball may fly out of the ball diamond? Isn’t that like all the warnings on product labels? Bill Engval made a fortune on stupid warnings like hemorrhoid cream, not for oral use. This is sad that we have to look out for everyone, it is why we can’t do our jobs, why small business go out of business. OSHA makes our job so safe it can’t be done. If you take two steps up a ladder you have to be tied off, have a safety helmet, gloves, bright orange vest etc. It’s ridiculous that we can’t or don’t want to be responsible for our actions

      1. but you must realize people aint smart enough to watch there self I play ball and we have them all around the field to watch for balls and were I play if it hits your car or you were not responsible because there are warning signs

  10. Call me crazy. But if you’ve ever been to a baseball game, wouldn’t you know that balls come down the first base line? It is a shame that there wasn’t a bleacher, but she is the one who made the deciion to it in a dangerous place. Would she have wanted an official of the league to come running out to tell her so? Many little league baseball leagues are making due with not much money. Maybe they couldn’t afford bleachers. Shouldn’t we be thankful it was there for the kids at all?

  11. Judge’s decision was right on. You go to a baseball game, getting hit is a risk you take. They paid for her medical bills, that’s plenty. Who sues a little league team anyway??!!

  12. Ms. DeBrigida should definitely discontinue attending baseball games. That’s just common sense – like keeping your eye on the ball ——-

  13. I don’t feel like the woman deserves anything more than her medical expenses covered. It was her choice to be there. What I can’t believe is that she now sits in the car sometimes…that means she is still going to the games. Who is she going to watch…is she still letting her children play a game that can cause that much physical and emotional damage?? And those children are definitely in the line of fire!

  14. It is too bad that this happened; however, justice has definitely been served. You cannot hold a baseball team accountable for an injury when playing baseball. They paid her medical expenses… that should be more than enough.

    1. I’m not sure they even owed her that. It was awfully generous of them.

      1. It is most certainly in the insurance to cover related medical expenses regardless of liability. That part of the program. They pay the premium and get the benefits.

    2. its not her fault she wasnt playing so they should be held responsible

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