Foul Ball Injury Caused Blindness, Says Cubs Fan

Bradley/Grombacher, LLP • October 13, 2017

A Chicago man is suing Major League Baseball and the Cubs after he was hit by a foul ball at Wrigley Field on August 29, saying the injury caused blindness in his left eye that may be permanent and may require him to get a prosthetic eye.


The plaintiff said at a news conference Tuesday that he is bringing the catastrophic injury lawsuit in an attempt to “protect others from going through what I and my family are going through.”


‘Preventable’ Injury Caused Blindness, Lawsuit Says

According to the lawsuit, “Defendants were aware that patrons have suffered serious injuries (i.e., blindness, skull fractures, severe concussions, brain hemorrhages) or been killed by baseballs entering the stands at a high rate of speed in foul territory at Wrigley Field and other MLB team fields. For instance, in July 2008, a seven-year-old fan was struck in the head and suffered a fractured skull and brain swelling after being struck by a foul ball at Wrigley Field.”


As a result, the MLB and ball parks are under pressure to provide adequate netting to protect their fans from high-speed foul balls and have erected such netting intended to protect them. However, this protection was not enough for the 60-year-old plaintiff.

“In fact, Defendants have increased the risk of injury to patrons not only by failing to extend the netting further, but also by including distractions during the game, increasing the pace of the game, and encouraging the use of mobile devices during the game,” the personal injury lawsuit continues.

According to his lawsuit, the foul ball injury caused blindness in one of the man’s eyes. He has undergone surgery and has been unable to return to work in the meantime. He also suffered five facial fractures and persistent bleeding from his sinus into his mouth. The man says that he may need to resort to a prosthetic eye and his blindness may be permanent despite the two other surgeries he will have.


A 2014 Bloomberg report cited in his lawsuit found that more than 1,700 baseball fans are injured by high-speed balls each year. This is because stadiums are designed to seat individuals in “exposed areas along the first and third baselines in foul territory,” says the lawsuit.

According to the lawsuit, the plaintiff was given a ticket to the Cubs-Pirates game in August – section 135, row 11, seat 107. Wrigley field tickets do limit the liability of the team by stating the risk of being hit by a high-speed ball. However, says the plaintiff, he did not actually see a ticket and he did not know where the seats were exactly.


Before the injury caused blindness, the plaintiff alleges that he had perfect sight; now the plaintiff is not sure when he can return to work.

“I haven’t done much since August 29” the plaintiff told CNN. “I am on short term disability. I’m not sure when I will be able to return to work.”

The case is Loos v. Major League Baseball and Chicago Cubs Baseball Club, LLC, in the Circuit Court of Cook County, Illinois, County Department, Law Division.


Catastrophic Injury

It is devastating when the negligence or recklessness of others or even an organization leads to catastrophic personal injury, including injury caused by blindness. Additionally, companies sometimes know of the risks of their negligence, but refuse to fix problems until it is too late for the victims.

Disfigurement, like an injury that caused blindness, can have a lifelong effect on a person. Not only does it impact a person’s physical abilities, it can also devastate them emotionally. Further, a person may require a lifetime of medical treatment and may suffer financial damages as a result.

Whether it is disfigurement, such as when an injury caused blindness, or other type of personal injury, victims have a legal right to be compensated for their medical expenses, pain and suffering, and lost wages.


It can be difficult for a person suffering from catastrophic personal injury to navigate the network of insurance, laws and regulations surrounding their rights, but an experienced attorney can help. You can obtain a free case evaluation by filling out the form on this page now.

Protecting Your Rights: Understanding Employment Law Claims and How We Can Help

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At Scanes Yelverton Talbert, LLP, we believe that if you are questioning whether you have a case against your current or former employer, your first step should be to seek legal guidance. The best way to get started is by visiting our website for more information and filling out our online form to connect with our attorneys. Many of these potential claims fall under the Americans with Disabilities Act (ADA), which encompasses three distinct types of claims: disability discrimination, failure to accommodate a disability, and retaliation—where an employer takes adverse action against an employee for complaining about discrimination or requesting accommodations. Many of our cases involve ADA claims, which often intersect with claims under the Family and Medical Leave Act (FMLA). While both address medical-related workplace issues, they serve different purposes. The FMLA applies when an employee needs to take time off work due to a medical condition. In contrast, ADA claims generally arise when an employee can continue working but requires a reasonable accommodation. Another common claim we handle is workers' compensation retaliation. This occurs when an employee is injured on the job, files a workers' compensation claim, and then faces retaliation from their employer—an illegal action. These are just a few examples of the cases we deal with daily. We also frequently handle cases under Title VII of the Civil Rights Act, which protects employees from discrimination based on race, religion, sex, national origin, and color. If an employee experiences discrimination on any of these grounds, they may have a valid claim. Additionally, a retaliation claim may also be pursued if an employer retaliates against an employee for taking protected action—such as reporting discrimination to their employer or the Equal Employment Opportunity Commission (EEOC). At Scanes Yelverton Talbert, LLP, we are dedicated to defending those facing unjust treatment at work. Understanding your rights is the first step toward justice, whether you're facing discrimination, retaliation, or an employer unwilling to provide reasonable accommodations. We encourage you to visit our website for more information and to fill out our online form to connect with our attorneys. Our team is here to help you explore your legal options and determine the best path forward.

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At Scanes Yelverton Talbert, LLP, our practice is firmly established in Central Texas, concentrating on the area known as the "iron triangle," which includes Dallas, Houston, and Austin. We are dedicated Texas attorneys who aim to help clients understand the laws of our state regarding personal injury cases. Our team is here to guide you and ensure you are well-informed. Take note of Texas's mandatory minimum car insurance requirement. Every driver must carry at least $25,000 in property damage coverage and $30,000 in bodily injury coverage as part of their car insurance policy. Many insurance policies offer additional coverage beyond these limits, which can be crucial in an accident. Many individuals are unaware that their insurance policies may provide additional coverage for personal injury claims. For instance, Personal Injury Protection (PIP) and Medical Payments (Med Pay) coverage are both no-fault insurances. You are not required to prove the other driver was at fault to receive benefits. These options can provide immediate financial assistance, allowing you to submit medical bills directly to your insurance company for reimbursement. Underinsured and uninsured motorist protection is another essential type of first-party insurance coverage. This coverage can help cover your medical costs if you are hurt in an accident brought on by a driver who does not have enough insurance. For example, if the at-fault driver only carries the minimum coverage and your medical bills exceed $30,000, uninsured or underinsured motorist protection may provide additional compensation for your losses, including pain and suffering. Understanding the effects of Texas tort reform laws—especially those passed since 2003 that restrict recoverable damages—is also crucial. Let's say, for instance, that a government vehicle hurts you. If so, the maximum amount you can get back is determined by whether the car is a state or city vehicle, with the maximum being $100,000 and $250,000, respectively. Furthermore, notification requirements for claims against government agencies are sometimes stringent. They can be as short as one month after the incident. You should seek legal counsel immediately if a government employee has harmed you while performing their duties. Furthermore, changes in Texas law since 2010 have altered how medical expenses are recovered in personal injury cases. In the past, even if an insurance company negotiated a reduced payment, plaintiffs could still get the full amount that medical providers had invoiced. However, recovery is only allowed up to the actual amount paid under the laws. Navigating these complications requires knowledgeable legal counsel to guarantee you get the most money possible under the law. At Scanes Yelverton Talbert, LLP, our mission is to guide clients through the complexities of personal injury law in Texas. If you or a loved one has been injured, we encourage you to visit our website to explore your legal options and connect with our team for further assistance.

Do You Have a Case? Here’s How to Know

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At Scanes Yelverton Talbert, LLP, we believe that if you are questioning whether you have a case against an insurance company or wondering what constitutes a fair settlement, your first step should be to seek legal guidance. The best way to get started is by visiting our website for more information and filling out our online form to connect with our attorneys. As plaintiff attorneys, we evaluate three key factors to determine whether a case is legally viable. First, do you have liability facts? In other words, did someone legally do something wrong to you? Not every unfortunate event is grounds for a lawsuit. Imagine a Venn diagram: one circle represents all bad events, and the other represents legally actionable claims. The overlap is much smaller, but we move to the next step if your situation falls within that space. Second, do you have sufficient damages? Is it worth your time to file a lawsuit and go through the legal process? At Scanes Yelverton Talbert, we generally advise that if your injury requires hospital treatment, a visit to your primary care physician, or chiropractic care, you likely have enough damages to justify pursuing a claim. Lastly, if you win, can you recover compensation? In personal injury cases, this typically means insurance companies, whether auto insurance, homeowner’s insurance, or business liability coverage. In employment cases, it could be employment insurance or a corporation paying for wrongful termination. The key question is whether there is a viable source of compensation if legal action is necessary. Our goal at Scanes Yelverton Talbert, LLP, is to help you evaluate your claim and understand your legal options. If you are uncertain about your situation, we encourage you to visit our website, fill out our online form, and let our team provide the guidance and assistance needed to determine your best course of action.

Who We Are: Scanes Yelverton Talbert, LLP

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At Scanes Yelverton Talbert, LLP, we are dedicated to helping people. We are committed to supporting our clients at every stage because we recognize how difficult it may be to navigate legal issues. We are here to ensure every client has a strong advocate because we believe everyone deserves to be heard. Attorneys Bo Routh and Mike Scanes established our practice in 2005. They used to work for a more prominent local general practice law firm. Their goal was to establish a practice that provided excellent legal counsel to those in need and was committed to client advocacy. Today, Mike Scanes remains a senior partner and founding member, while Bo Routh departed at the end of 2021. Following his departure, Tyler Talbert and Ben Yelverton became named partners, officially becoming Scanes Yelverton Talbert, LLP. Tyler Talbert specializes in appellate advocacy, representing clients in Texas and federal appellate courts. He has experience in civil appeals, litigation, and trial support, including motions, error preservation, and jury charges. Ben Yelverton is also an expert in business litigation and personal injuries. He handles matters ranging from class actions to wrongful deaths throughout his early courtroom experience in Austin and Dallas. He is a strategic litigator committed to helping clients get the best results. Another vital member of our law firm is Joel Shields, who has contributed significantly to the expansion and prosperity of the company since joining in 2007. He is Board-Certified in Labor and Employment Law by the Texas Board of Legal Specialization. Joel is an aggressive advocate for his clients and offers wise counsel, whether pursuing claims for someone wrongly fired or advising a company on how to comply with legal requirements. At Scanes Yelverton Talbert, LLP, our passion lies in advocating for individuals. We often represent people in legal battles against large insurance companies or corporations rather than defending corporate entities. Many of our clients come to us in times of need –whether they have been injured in a car accident and are struggling to get their insurance companies to pay or are homeowners whose fire damage claims have been unfairly denied. We also handle employment law cases, ensuring that employees who have been wrongfully terminated or treated unjustly in the workplace receive the representation they deserve. At Scanes Yelverton Talbert, LLP, we advocate for those in need. Whether taking on powerful corporations, advocating for justice, or protecting individuals from unfair treatment, we are here to make a meaningful difference in our clients' lives.

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