Superior Court jury finds Red Sox not negligent in $9.5M foul ball lawsuit

BOSTON (WHDH) - A Suffolk Superior Court jury has found the Red Sox not negligent in a case involving a woman who sued the team and owner John Henry for $9.5 million after she was hit in the face by a foul ball at Fenway Park in 2014.

Stephanie Taubin, of Brookline, told jurors she could hear the bones in her face crack when she was hit by a ball fouled off by slugger David Ortiz.

Taubin was in the EMC Club behind home plate in June 2015 when she stood to cheer on Ortiz during a late-inning plate appearance. Moments later, a curving line drive left her with facial fractures and neurological damage.

Taubin filed a lawsuit against team owner John Henry in 2015, claiming negligence on behalf of the ballclub because the ball came through an area usually protected by glass. But a jury returned its verdict Wednesday, finding that the club was not negligent.

“Of course we think it is a disappointment,” said her lawyer, Marc Diller. “But the jury has spoken and we will consider our options.”

In a deposition played in court, Henry said he puts his own family members in the EMC Club because he thinks of it “as a very safe place…relative to sitting down below.”

In a statement, the Red Sox said, “While we regret the injury Ms. Taubin sustained, we are pleased with today’s outcome.”

“The Dell/EMC Club is a safe and enjoyable area from which to watch a Red Sox game. Many of our valued fans, guests, and family and friends have enjoyed the space and return to it time and again,” the statement continued. “Fan safety is an issue we take seriously, and since 2014, we have twice expanded our protective netting, and continue to evaluate the safety of all seating areas within the ballpark. We thank the jury and the court for their service in this matter.”

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