The Georgia Court of Appeals has rejected a plea by the Atlanta Braves that it determine whether the so-called “baseball rule” shields the team from being sued by the parent of a child hit by a foul ball at Turner Field.

The “baseball rule,” a standard other states have adopted, says stadium owners and operators are immune from suits over foul balls if they provide enough seats behind home plate protected by a net to meet fans’ demands for such seating. Georgia has not adopted the rule, but the Braves want the courts to use it to assess foul ball suits.