According to a recent lawsuit, a woman suffered “excruciating injury” to her eye after former Atlanta Braves outfielder Jorge Soler tossed a ball into the crowd. Following an incident in which the woman claims she was hit by a ball during Game 3 of the 2021 World Series, the woman filed a lawsuit in Georgia against the Braves and Soler himself. According to the lawsuit, the woman, her husband, and her brother-in-law were seated in Section 109 in the right-field corner of Truist Park in Atlanta on Oct. 29, 2021. Soler is suspected of throwing the ball into the crowd before the fifth inning, striking the woman.
The lawsuit was obtained by McClatchy News via WSB. The lawsuit was filed in Cobb County Superior Court on October 25.
According to the claim, Soler threw the ball “with great force, speed, and intensity” in the direction of the victim, striking her in the right eye. She claimed she didn’t have time to respond before being struck. The collision resulted in “extensive and excruciating injury,” according to the lawsuit. She was led to medical treatment by security, where images and a report confirmed her injuries.
The injuries included “multiple fractures, right eye edema, and infra-orbital abrasion,” according to the lawsuit. She claims that her injuries will necessitate long-term medical attention.
The woman also claims the Braves were careless. The lawsuit claims she was unaware of the “danger posed by the intentional and reckless conduct of Defendant Braves’ baseball players in between innings.” The Braves could not be reached for comment immediately.
Fans have filed lawsuits against baseball teams after being injured by foul balls. According to The New York Times, professional sports clubs have relied on the “Baseball Rule,” which is the assumption of risk that fans make when they attend games. It’s unclear if that assumption of risk applies because the ball was tossed by a player and was not a foul ball.
After the Braves defeated the Houston Astros in six games, Soler was awarded World Series Most Valuable Player. Soler is presently a member of the Miami Marlins. McClatchy News reached out to the Marlins for comment but did not receive an immediate response. The woman’s husband is also claiming for loss of consortium, which is a claim in personal injury claims that involves the loss of “benefits that a familial or intimate relationship offers,” according to Forbes. This can relate to friendship, affection, or sexual closeness. The couple is suing for both compensatory and punitive damages.
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