Top Menu

Foul Ball Injury Lawsuit Against Reds Dismissed

Cincinnati Reds

A lawsuit against the Cincinnati Reds and other parties over claimed injuries from a foul ball at Great American Ball Park has been dismissed, as plaintiffs voluntarily drop the case.

At issue in the lawsuit was an incident during a game on August 25, 2017 in which a fan, Kimberlee Slusher, was struck on the right side of her face by a foul ball. Filed in August, the lawsuit against the Reds and several other entities–including the Hamilton County Board of Commissioners, as the county owns Great American Ball Park–claimed that Slusher sustained permanent injuries, medical expenses, wage losses, pain and suffering, and a “sustained a loss of the enjoyment of life,” as a result of the incident.

The case has been dropped, however, as an attorney for the Slushers filed a motion of voluntary dismissal without prejudice last week. More from

An attorney for Kimberlee and David Slusher last week filed a notice of voluntary dismissal without prejudice of the defendants at cost of the Slushers, Hamilton County court records show.

The suit, filed in August, alleged Kimberlee Slusher suffered severe and permanent injuries requiring extensive treatment when the ball struck the right side of her face on Aug. 25, 2017, at Great American Ballpark.

The suit claimed those injuries include but are not limited to concussion, dental injuries causing loss of teeth and resulting in surgery, headaches, right hip sprain.

It also alleged she experienced severe pain and suffering, incurred medical expense, lost wages and “sustained a loss of the enjoyment of life.”

There have been instances of other Major League Baseball teams being named in lawsuits over claimed injuries from a foul ball in recent years, though teams have generally been covered by established law that fans attend games at their own risk, a risk pointed out on game tickets and on signs throughout ballparks. However, there have been concerns within the industry that a case will eventually end up finding teams liable or partly liable for injuries caused by a foul ball.

The Reds extended netting at Great American Ball Park prior to the 2018 season, running it to the far ends of both dugouts. Injuries at other facilities since then–including those suffered by a young girl at Houston’s Minute Maid Park in May–have prompted conversations about whether netting should extend farther down the foul lines at ballparks, and that is already having implications around professional baseball. In MLB alone, several teams extended netting during the 2019 and additional clubs have similar projects in the works for 2020. More of our coverage on extended netting can be found here.

, , , , ,