Foul ball suit is out, court says

YOUNGSTOWN — The 7th District Court of Appeals has upheld a trial judge’s decision to toss out of court a lawsuit against the Mahoning Valley Scrappers by a woman who said she was injured by a foul ball at a Scrappers home game.

On Tuesday, the three-judge appellate panel unanimously upheld Judge Timothy E. Franken’s dismissal of the lawsuit last year without a trial on the grounds that Jane Warga, of South Meridian Road, assumed the risks inherent in attending the game.

Warga, who said she was hit on the head by the ball at Eastwood Field in Niles on July 20, 2004, had sued the minor league baseball team for more than $75,000 in Mahoning County Common Pleas Court, saying the team was negligent.

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