Yankees fan sues team for $10m after being struck in the head by bat thrown into the stands

A baseball fan is suing the New York Yankees for $10million, claiming she suffered 'severe and permanent injuries' after being struck in the head by a bat that was flung into the stands. 

Stephanie Duluc, 37, was sitting in the fourth row behind home plate at Yankee Stadium during New York's clash with the Cleveland Guardians on June 2.

At the top of the fifth inning, Guardians star Jose Ramirez accidentally launched his bat, which flew into the stands and struck the head of Duluc, who works as chief of staff at SOMOS Community Care in the Bronx.

She has now filed a lawsuit against the team, claiming that 'as a direct and proximate result of Defendants' negligence... [she] sustained a traumatic brain injury and other serious and permanent injuries.

'Plaintiff has been unable to return to her professional role and continues to suffer disabling symptoms,' the case reads. 

'The bat violently struck Plaintiff on the side of her head with tremendous force... such force that it knocked her from her seat and violently threw her to the ground, causing her to sustain severe and permanent injuries.'

Her alleged injuries include 'concussion, severe, persistent, and debilitating post-traumatic headaches, a disabling sensitivity to light, injuries to both of her hands, and an injury to her neck.'

The suit claims Duluc 'has suffered and will continue to suffer great physical pain, mental anguish, emotional distress, and loss of the enjoyment of life,' while also incurring 'expenses for medical care, treatment, and rehabilitation' as well as 'a loss of earnings and an impairment of her future earning capacity.' 

Despite her alleged injuries, Duluc appeared in a bright TV studio just days before filing the lawsuit but her attorney told the New York Post: 'A brief television appearance does not mean she has recovered or is capable of performing her professional duties on a sustained basis.'

The attorney added: 'Ms. Duluc continues to suffer significant residual deficits from her traumatic brain injury, including persistent headaches, sensitivity to light, balance issues, and other cognitive impairments.'

The suit argues the Yankees acted 'negligently, carelessly, and recklessly' by failing to provide adequate protection for fans.

'The area behind home plate is the most dangerous location in any baseball stadium. It is the one location where the law has long required a stadium operator to provide adequate protective screening,' it reads.

'Defendants did install netting in front of Plaintiff's section. But that netting was materially lower than the netting protecting the adjacent sections behind home plate. The lower netting left an open gap above Plaintiff's seats through which a foreseeably airborne bat could, and did, pass.'

The suit continued: 'The disparity in the height of the protective netting created an open and unprotected gap directly above Plaintiff's seating section, exposing spectators to a foreseeable and unreasonable risk of being struck by objects leaving the field of play. 

'This dangerous condition violated applicable safety codes, statutes, regulations, and accepted industry safety standards.'

The Daily Mail has contacted the Yankees for comment.