Yankees fan sues for $10M after bat thrown into stands clobbers her in the head
A healthcare executive suffered a traumatic brain injury in the luxury seats of Yankee Stadium when a player accidentally frisbeed his bat into the stands and whacked her in the noggin, a new $10 million lawsuit claims.
Read more Yankees fan sues for $10M after bat thrown into stands clobbers her in the head
Stephanie Duluc, 37, chief of staff at the Bronx-based SOMOS Community Care, was taking in the June 2 Yankees game from fourth-row seats directly behind home plate when Cleveland Guardians infielder Jose Ramirez launched his bat into her section during the fifth inning, the suit said.
Duluc’s employer owns season tickets in the section.
They’re some of priciest seats in the House That Ruth Built — and also some of the most dangerous — with required netting that’s supposed to shield fans from foul balls and errant bats, the court filing said.
“It is the one location where the law has long required a stadium operator to provide adequate protective screening,” according to the suit.
But Ramirez lost his bat mid-swing and the protective netting did nothing to stop the high-speed bat, according to her lawsuit filed in Manhattan federal court.
The suit claims the netting was “significantly lower” than adjacent sections, leaving an “unprotected opening.”
The bat hit Duluc “with such force that it knocked her from her seat and violently threw her to the ground, causing her to sustain severe and permanent injuries,” her suit claims.
As the terrifying moment aired live, announcers gasped as they noted the bat had cleared the screen and flattened a spectator.
“Bat goes one way, ball goes another,” Yankees play-by-play announcer Michael Kay said during the Yes Network broadcast, according to a video clip of the game. “Bat goes into the stands — over the screen too.”
“There’s a woman who got hit; she’s on her feet now,” he adds as cameras show Duluc holding her head.
Duluc claims the blow caused a traumatic brain injury, concussion, severe light sensitivity and permanent damage to her neck and hands — leaving her completely “unable to return to her professional duties.”
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Despite the alleged injuries, Duluc appeared on PIX11’s Monica Makes It Happen in late July — less than two weeks before the lawsuit was filed.
During the short televised segment, she appeared on camera under studio lighting to discuss a recent event sponsored by her company at Fordham University.
When asked if the TV spot contradicted her injury claims, her attorney Jon L. Norinsberg said “not at all.”
“Ms. Duluc continues to suffer significant residual deficits from her traumatic brain injury, including persistent headaches, sensitivity to light, balance issues, and other cognitive impairments,” said Norinsberg, who also represents former banker Chirayu Rana in a notorious “sex slave” lawsuit against JPMorgan.
“A brief television appearance does not mean she has recovered or is capable of performing her professional duties on a sustained basis,” he added.
The Yankees declined comment.
Duluc’s lawsuit will likely face a high-stakes legal battle over the a doctrine that typically exempts teams and owners from liability over foul ball, bat or other similar injuries.
That rule helped toss numerous other injury suits brought against The Bronx Bombers, including injuries from foul ball and flying bats.
Other shocking stadium horrors — including a 2015 Fenway Park tragedy where a fan suffered life-threatening injuries from a shattered bat, and a 2017 Yankee Stadium incident where a 105-mph foul ball fractured a toddler’s skull — forced baseball stadiums to dramatically expand netting requirements.
However, the “Baseball Rule” contains a critical legal exception: stadiums must provide adequate protective netting in the zone of greatest danger — directly behind home plate where Duluc sat — and whether or not she can prove the net was defective could be the difference between a strike out or a home run.
Their season’s hope hinges on talented top prospect George Lombard Jr., who homered in his first game for the Yanks on Wednesday.
Additional reporting by Kyle Schnitzer
