A spectator hit by a foul ball during a Mets game decided to sue
for damages, and his suit included the architects of Citi Field as
defendants. He was sitting inside a luxury box, with the window
open, when hit by the errant ball. (Unfortunately for baseball
fans, none of the critical information – batter, opposing
team, or score – is identified.) The case is
Tarantino v. Queens Ballpark Company, LLC, et al., 2014
N.Y. App. Div. LEXIS 9035 (App. Div., 2d Dept., Dec. 31,
2014).
Per the NY Appellate Division, the spectator/plaintiff has
struck out. The duty of care imposed on ballparks requires
protection for spectators behind home plate "where the danger
of being struck by a ball is the greatest", and the
plaintiff's position in a luxury box did not place him in such
an area. The defendants had met their duty of care by designing and
installing screens to protect those who are behind home plate at
the field level. Thus, motions by the architects (as well as
