Foul baseball cracks the skull of 5-year-old Pennsylvania girl

Monday, August 21, 2006 A New Jersey court this year ruled that a fan could sue over a fly-ball injury. LANCASTER, Pa. (AP) — A 5-year-old girl struck by a foul ball at a minor-league ballpark's playground area this month suffered a cracked skull and brain injury. The injury to Brooke Nicodemus, who also suffered bleeding of the brain, highlights the potentially serious harm that fly balls can cause. Fans are frequently struck in the stands and assume the risk of injuries that occur there under a long-honored legal doctrine. "It happens at every baseball game," said Lancaster Barnstormers general manager Joe Pinto, who witnessed the Aug. 11 injury to Brooke at the team's Clipper Magazine Stadium. "It's a different story when someone is in the play area," he added. "We're just sick about it." Option studied The Atlantic League club is studying an option to put a 12-foot net around the area to prevent further injuries there. The location is the only place for a playground because the rest of the park is on a slope, Pinto said. A New Jersey appeals court this year ruled that a fan could sue over a fly-ball injury suffered while he was in line at a beer cart, saying fans "understandably let down their guard" when they leave the stands. The man, Louis Maisonave, broke bones in his face and temporarily lost vision in one eye at a Newark Bears game. Maisonave went on to settle the suit, recovering the cost of medical bills. But state lawmakers have since passed a bill that blocks similar suits, a move that upsets Maisonave. Eric Tobin, director of event operations for the Philadelphia Phillies, said the team keeps paramedics and a doctor on hand at each game. "We've had people hurt and have had some go to the hospital," he said. Back home Brooke returned home from the hospital three days after the injury. Her parents have been told to keep her quiet and still to give her brain time to heal. The start of kindergarten is on hold for now. "She sees the neurosurgeon on Sept. 5," said her mother, Teri Nicodemus of Elizabethtown, "and we're hoping she can resume normal play at that point." With encouragement from her parents, Brooke returned to the ballpark for a tour on Saturday. "The doctors said the more we talk about it, the sooner she will stop having nightmares," Teri Nicodemus said. Copyright 2006 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.