You may recall that late last year, yankee fan and client of Leav & Steinberg, LLP Andrew Zlotnick had been featured in the New York Times regarding a claim for serious injuries we brought on his behalf against the New York Yankees & Major League Baseball.
It was August several years ago, Mr. Zlotnick was seated along with his son and his son’s friends seated down the first base line. This was in advance of Hurricane Irene. The Yankees had an umbrella policy which allowed all size umbrellas to be open during the game play. Major League Baseball had made a decision, despite the almost three hour rain delay, to get the game in. These two events without question increased the risk for Mr. Zlotnick as he could not perceive the danger about to befell him.
Hideki Matsui of the Oakland Athletics hit a foul ball that struck Mr. Zlotnick in the left eye causing life altering injuries.
Under the present state of New York Law, the “assumption of risk doctrine” or “baseball rule” makes it nearly impossible for Mr. Zlotnick or any fans to bring a claim for personal injuries.
Presently, Mr. Zlotnick’s case was dismissed on a motion brought by the Yankees and Major League Baseball. We are presently appealing that decision and look forward to the Appellate Division deciding this matter later this year.
Just this past weekend, Ed Randall at WFAN interviewed Mr. Zlotnick and this topic is gaining momentum for the Court in New York and around the country to reconsider such suits. In fact, in Ohio the Court recently reversed a dismissal and has allowed a fan to pursue his suit.