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The Philadelphia Phillies owe no duty to a fan injured by a baseball even if the ball was intentionally thrown into the stands at the end of an inning, according to a split three-judge Superior Court panel. Upholding a lower court decision to toss out a negligence suit against the team and outfielder Marlon Byrd, the Pennsylvania court said getting hit after a play has stopped constitutes the same risk that an attendee assumes when he's hit by a ball that's still in play.
December 01, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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