A Montgomery County woman has filed suit against the Astros, alleging she suffered a broken finger when her left hand was struck by a T-shirt fired from an air-powered cannon wielded by Orbit, the ballclub's costumed mascot, at an Astros game last July.

Plaintiff Jennifer Harughty seeks damages in excess of $1 million from the Astros in the suit, which was assigned to 157th state District Court Judge Tanya Garrison.

The lawsuit, filed by Houston attorneys Jason Gibson and Casey Gibson, says Harughty has required two operations to repair damage to her left index finger, which was shattered when her hand was struck by a T-shirt fired from the Orbit character's "bazooka-style" air cannon during the seventh inning of an Astros game July 8, 2018, at Minute Maid Park.

Harughty, 35, of Montgomery, who works as a real estate broker, said her finger remains locked in an extended position with little to no range of motion and that she continues to suffer discomfort from the injury, the lawsuit said.

Jason Gibson said the lawsuit was filed only after the Astros refused to pay Harughty's medical bills associated with the injury.

"Nothing was going to be done," the attorney said. "We were directed to the general counsel, and he basically said 'file your lawsuit.' He asked for it, and he got it. We were hoping to get this resolved, but that didn't happen."

Astros Lawsuit by Houston Chronicle on Scribd

The suit said Harughty was struck on the palm side of her left hand and required treatment at an emergency room after the game. She required surgery four days later to insert two screws into the injured finger and a second operation in October to remove the screws and attempt to restore range of motion to the finger.

Major League Baseball tickets include what has become known as the "baseball rule," which states that a ticket holder "assumes all risk and danger incidental to the baseball game, and all other activities, promotions or events at the Ballpark before, during and after the baseball game, including, but not limited to, the danger of being injured by baseballs, equipment, objects or persons entering spectator areas."

That stipulation, which is included on the Astros' website under season ticket policies, says that by attending a game, the ticket holder releases the Astros and Major League Baseball from liability for "injuries or loss of personal property resulting from all risk and danger incidental to the baseball game and the risks or any incidents associated with crowds of people."

Gibson said he is acquainted with Astros owner Jim Crane and with members of the Astros' ownership group and that "everyone loves the Astros." However, he said he did not believe that the liability waiver covers cases such as Harughty's.

"That's not the type of risk you assume going to a baseball game, although they may take that position," Gibson said. "Ours will be that you don't assume the risk of having someone fire a cannon at you that creates that much force at that proximity that can cause that kind of damage.

"I assume they have some set of policies regarding this. If they don't, that's not good. If they do, I can't imagine that the policy wasn't violated."

The Astros are accused of negligence by failing to use reasonable care in firing the T-shirt cannon and failing to train and supervise staff in its use and of failing to warn customers of "unreasonable risk of harm" associated with the cannon.

In 2009, a fan at a Kansas City Royals game was struck in the eye by a foil-encased hot dog thrown by Sluggerrr, the team's mascot. The fan suffered a detached retina in his left eye and said he required $16,000 in medical bills.

The fan filed suit, and a jury found in the Royals' favor. The Missouri state Supreme Court, however, in 2014 returned the case to a local court, stating that "the risk of injury from Sluggerrr's hotdog toss is not one of the risks inherent in watching the Royals play baseball."

"This risk can be increased, decreased or eliminated altogether with no impact on the game or the spectators' enjoyment of it," the court said. "As a result, Sluggerrr (and, therefore, the Royals) owe the fans a duty to use reasonable care in conducting the Hotdog Launch and can be held liable for damages caused by a breach of that duty."

In a second trial, the jury found neither party at fault.

Similarly, a woman attending a Phillies game last June suffered a black eye when she was struck by duct tape-covered hot dog fired from a device wielded by the Phillie Phanatic mascot. The team apologized and gave the woman free game tickets, and no legal action was filed, according to published reports.

Houston trial lawyer Joel Simon said the lawsuit raises the intriguing question of whether T-shirts, hot dogs or "other flying objects" are part of the game as balls and bats.

"This isn't a fan hit by a foul ball or home run, it's a fan hit during something other than the game itself. So the question may be, when the offending object comes from a mascot in a fuzzy costume rather than (Jose) Altuve hitting one into the Crawford Boxes — can that make a difference legally?" Simon said.

The Astros said in a statement: "The Astros are aware of the lawsuit with allegations regarding Orbit's T-shirt launcher. We do not agree with the allegations. The Astros will continue to use fan popular T-shirt launchers during games. As this is an ongoing legal matter, we will have no further comment on this matter."