Bryson Galaz was outside Anaheim Stadium in 2019 with his family a full 90 minutes before the game so he could get some autographs.
According to the family’s attorneys he was standing in the front row just beyond the Angels dugout and beyond this safety net when he was struck in the head by an errant baseball.
Lawyers say there was bleeding on the brain of the then 6-year-old Anaheim boy. He spent two days in the hospital and three years later has not fully recovered.
The young boy has “cognitive problems, attention problems, emotional problems at school,” according to attorney Kyle Scott.
According to the lawsuit, the ball was thrown by pitcher Keynan Middleton, known for 100 mile per hour fast balls.
In this case, another player was unable to catch the ball. The lawsuit says Middleton threw and it struck the plaintiff in the left side.
“It’s not if some things get crushed it’s when, the way it’s all set up,” said Jordan Skopp of Foul Ball Safety Now.
Skopp runs the website Foul Ball Safety Now and says his annual audit of major league ballparks shows a fraction of mlb’s 30 teams have netting that reaches all the way to the foul pole.
His online petition wants to change that.
“They’re allowed to maim you, crush you or kill you and they’re not responsible for it,” Skopp said.
Skopp is referring to what’s known as the baseball rule which says ticket holders assume all risk and make it tough for spectators to sue ball teams.
In 2018, 79-year old Linda Goldblum was killed by a foul ball at Dodger Stadium. Her husband settled a wrongful death lawsuit against the team.
Attorneys say in the case of Bryson Galaz, there is still liability because it happened before the game and because of the way the practice session was set up.
“Where you construct an event whereby a ball is in danger of going at a very high rate of speed at a five year olds head, that is gross negligence,” said attorney Keith Bruno.
In a statement, the Angels told NBC4 no parties have reached out to us regarding this lawsuit. We have only been made aware of this by the media so we are unable to comment at this time.
Middleton didn’t pitch in the game that day. As for the Galez family, their attorney says they won the tickets to go to the game that sunday.