Maggie Angst

Milwaukee Journal Sentinel

A stop at Miller Park during a family vacation in 2014 ended badly for Dana Morelli, after she was struck in the head by a ball during batting practice.

Now, the New Jersey woman is suing the Milwaukee Brewers and their insurance company, saying they were negligent in failing to provide an adequate ball barrier and to warn fans of the dangers of foul balls.

"People should be more protected during batting practice since there is no game to even watch," said Michael Sperling, Morelli's Milwaukee attorney, who filed the lawsuit in Milwaukee County Circuit Court earlier this month. "Whatever they put up was clearly insufficient to protect my client."

Morelli, 47, of Glendora, N.J., was at Miller Park with her fiancë and his son to see the Brewers play the San Francisco Giants on Aug. 6, 2014. She was just about to sit down in her second-row seat beyond third base when a Giants player hammered a ball into the stands, striking her below the left eye.

According to the lawsuit, Morelli sustained multiple injuries, some of which may be permanent, and incurred medical and hospital expenses and lost wages. It said she suffered an orbital fracture to her left eye socket, nerve and iris damage, and a concussion. She had to stay in a dark room for several days before she could return home to New Jersey, Sperling said.

The lawsuit alleges that Milwaukee Brewers and their insurer violated Wisconsin's so-called "safe place statute," which requires property owners to do everything "reasonably necessary to protect the life, health, safety, and welfare" of employees and visitors.

The Milwaukee Brewers declined to comment, saying they do not discuss pending litigation.

The debate about fan safety at baseball games is not a new one. In July 2015, a foul ball hit a Milwaukee woman in the stands at Miller park, fracturing her forehead, left eye and sinus cavity, and severing a main nerve in her face. Last Tuesday, another woman was struck in the left ear by a line drive during a game between the Brewers and the Colorado Rockies.

In December 2015, Major League Baseball recommended that all teams lengthen safety netting to extend 70 feet from home plate to the inner edges of the dugouts at their ballparks to increase fan safety.

The Brewers extended the netting at Miller Park to the inside edge of each dugout before the 2016 season started. Only the Kansas City Royals, Minnesota Twins and Washington Nationals have netting that covers the entire length of the dugout.

In previous cases across the country, courts have tended to side with teams over injured fans. A fine-print warning on the backs of tickets has been deemed sufficient notice of the possible risk of injuries when a person attends a game.

Sperling said assumption of risk cannot be used as a defense in Wisconsin and will argue that the fine-print warning is insufficient, especially since the injury took place during batting practice.

Although fan injuries are fairly common during major league baseball games, injuries during batting practices are rare, he said, because there are so few fans in the stands.

Morelli is seeking an unspecified amount in damages, as well as attorneys fees.