Security guard Ziograin Correa was seated behind home plate, at a Yankee Stadium baseball game, when a foul ball hit and broke his hand.
Correa claimed that the ball bypassed the safety net because a "window" had been created for an ESPN camera and an electrician, employed by PEM Electrical Corp., failed to seal all the gaps.
After the Bombers were sued in the Bronx County Supreme Court, and their request to dismiss the case was denied, the team appealed to the Appellate Division, First Department.
The appellate court thought the denial was appropriate given that the Yankees hadn't established that they used enough caution (or "reasonable care") to protect fans and others who were situated behind home plate.
Also, because the stadium is a "place of public assembly," the team couldn't delegate its responsibilities to an independent contractor, like PEM's electrician.
Interestingly, Correa wasn't found to have assumed the risks typically associated with attending a sporting activity since he was subjected to an "enhanced risk of injury" and had been directed (by his employer) to sit behind home plate.
Does anyone smell a Phillies' fan?
To view a copy of the Appellate Division's decision, please use this link: Correa v. City of New York