LOS ANGELES – A judge Wednesday granted a motion by the Los Angeles Dodgers LLC to delay until 2024 the trial of a woman who sued the team for injuries suffered when she was struck by a foul ball hit by former Dodger Manny Machado while she was seated in the stands during a 2018 game.
Los Angeles Superior Court Judge Lisa R. Jaskol rescheduled the start of trial of 54-year-old plaintiff Lauren Magnanimo’s negligence suit from Oct. 2 to March 4, 2024. Dodger attorneys requested the delay because they have not yet obtained the medical records and other discovery they say is needed to prepare for trial.
Magnanimo’s attorneys did not file court papers opposing the trial delay.
Dodger attorneys have denied any wrongdoing on the team’s part and say Magnanimo “assumed the risk of getting struck by a baseball while being on the premises of a baseball stadium.”
According to the plaintiff’s suit originally filed in September 2020 and amended last June 10, Magnanimo was seated to the right of home plate during a Sept. 1, 2018, game at Dodger Stadium when a foul ball by Machado traveled over the protective netting and hit her left eye, causing fractures, negative changes to her eye and face as well as facial numbness and scarring.
“The ball came so fast and hard that no one around plaintiff attempted to catch the ball; no one, including plaintiff, had time to react,” the suit states.
Magnanimo was taken to the team’s first aid area, then by ambulance to Los Angeles General Medical Center for treatment, the suit states.
Dodger Stadium presented risks to spectators beyond those inherent in the sport of baseball by failing to add sufficient protective netting and Magnanimo believes the team knows that baseballs used by Major League Baseball are harder and are being hit into the crowd with greater frequency, the suit states.
“Accordingly, defendants knew fans cannot be expected to fend for themselves when a 90 mph foul ball is headed straight for their head,” the suit states.
“Compounding to the problem, Dodger Stadium uses jumbotrons and wireless internet, creating all kinds of distractions,” according to the suit, which further states that fans are distracted by loud music, exploding scoreboards and mobile phones.