A New Jersey appeals court has ruled that a woman who was injured when she was struck in the face with a baseball at her son’s high school game cannot sue the local school board for failing to put up a protective fence.

Appellate Division Judges Alexander Waugh Jr. and Allison Accurso ruled on Nov. 26 that Bergen County Superior Court Judge Robert Wilson, in granting summary judgment to the Tenafly, N.J., Board of Education, correctly ruled that plaintiff Lynda Brigante failed to establish that the school board’s failure to erect a higher fence was “palpably unreasonable.”

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