A Braves fan took a ball to the face. The team may be liable, judges say.
A lawsuit can proceed against the Atlanta Braves and former right fielder Jorge Soler after he threw a ball that hit a fan in the eye between innings at a World Series game against the Houston Astros at Truist Park in 2021, the Georgia Court of Appeals has ruled.
Soler, who now plays for the Los Angeles Angels, earned the Most Valuable Player award in that series, won by the Braves.
In December 2024, a Cobb County judge dismissed the lawsuit filed the year prior by the fan, Mayra Norris, and her husband, Scott Norris. They alleged they were sitting in Section 109 in the right field corner of the stadium on Oct. 29, 2021, when Soler threw a ball from the outfield with such force and speed that Mayra Norris didn’t have time to react or avoid being hit.
The couple claimed Soler threw the ball in their direction at the top of the fifth inning, before play resumed. Mayra Norris sustained multiple fractures and other eye injuries, according to the complaint.
In granting a request by the Braves and Soler to dismiss the case, Cobb County Superior Court Judge Angela Brown said they were shielded from liability under Georgia’s “baseball rule.”
The rule, rooted in a 1949 decision of the Georgia Court of Appeals, generally says that anyone who attends a baseball game assumes the inherent risk of watching in the stands. Getting hit by “wild balls” is such a risk, the rule says.
But on Friday, Brown’s decision was reversed by three Court of Appeals judges who said it’s too early in the Norrises’ case to determine whether they voluntarily exposed themselves to that risk, knowing a baseball could be thrown in their direction between innings.
“There is no allegation in the complaint to indicate that the Plaintiffs had knowledge of the danger that a baseball could be thrown ‘overhand, with great force, speed, and intensity’ in Mayra’s direction when the game was not in play,” the judges wrote.
Lawyers for the Braves and Soler did not immediately comment on the decision.
David Hughes, an attorney for the Georgia couple, said the appellate court’s decision is fair and makes sense. He said the Norrises want to obtain information through discovery in their case, so a judgment can be made based on all the relevant facts.
Mayra Norris was not blinded by the incident but has some permanent injuries she still gets treatment for, Hughes said.
The Braves and Soler could seek review of Friday’s ruling in the Georgia Supreme Court, or the case will return to the trial court in Cobb County.
In their decision, the appellate judges said there is not yet evidence in the record showing whether the couple’s seats were behind protective netting.
They said the couple may be able to introduce evidence establishing negligence by the Braves and/or Soler.
In a concurring opinion, Judge Elizabeth Gobeil said she is skeptical of the couple’s argument that Soler’s throw was intentional or purposeful.
“Any number of intentional acts potentially occurring during a baseball game are inherently risky to attendees, including, for example, an offensive player hitting a home run ball that lands in an area where fans are seated, or a defensive player colliding with fans while attempting to catch a foul ball,” she wrote. “But, the fact that a defendant undertakes an inherently risky act with purpose or intention — standing alone — is not necessarily relevant to an assumption-of-the-risk analysis.”
About the Author
Journalist Rosie Manins is a legal affairs reporter for The Atlanta Journal-Constitution.
