A young boy who was hit by a foul ball at a 1983 Cubs game finally won his day in court six years later. In a decision that was later upheld on appeal, a jury awarded the fan compensatory damages. The below story first appeared in the Dec. 4, 1989, edition of Business Insurance.

In a decision that challenges decades of legal precedent and baseball tradition, a hometown jury says the Chicago Cubs must pay $67,500 in compensatory damages to a spectator beaned by a foul ball.

However, attorneys representing professional sports teams predict the verdict will be reversed on appeal. A well-established principle in sports law is that fans attending games accept the risks inherent in watching the contest and that sports teams are not held liable for injuries to spectators, the attorneys say. In fact, most tickets to sporting events bear a specific statement that the teams accept no liability for game-related injuries, they point out.

The Nov. 24 verdict in Cook County Circuit Court stemmed from an incident at a 1983 game at Wrigley Field. A sharply hit foul ball by then-Cubs first baseman Leon Durham struck a 10-year-old boy in the face as he sat in the stands behind home plate. The boy, Delbert Yates Jr., needed surgery to correct double vision he suffered as a result of the accident. His medical expenses were estimated at $15,000.

The team attempted to settle the case for between $10,000 and $15,000, but the boy's attorney demanded between $65,000 and $75,000. As a result, this was one of the few such cases litigated rather than settled out of court, attorneys say.

And, the Yates case marks one of the first of its type to be heard by a jury. At trial, the boy's attorney, Thomas R. Cirignani, successfully argued that there is an exception to the long-held standard that fans at sporting events attend the event at their own risk.

The Chicago-based attorney asserted that when a baseball club puts up a screen to protect patrons from foul balls, it recognizes the danger of sitting behind home plate. While the ball club does not have a legal duty to put up the screen, the screen must be adequate if one is installed, Mr. Cirignani argued.

In this case, the boy was sitting about 10 seats outside the area protected by Wrigley Field's screen, which is 72 feet wide and 30 feet high. Because the screen failed to protect the boy from the foul ball, the screen was inadequate, he argued.

“The Cubs failed to adequately protect the area behind home plate,” Mr. Cirignani said.

He said this situation is analogous to the owner of a parking lot. “While the owner does not have a legal duty to in lights, once the owner puts in lights, they must be maintained,” he explained. The owner of such a parking lot would become liable for injury caused by the failure of the lights, he said.

Mr. Cirignani’s extension of this theory to the Wrigley Field screen persuaded the judge to allow the case to be heard by the jury, which awarded the injured boy $67,500 in compensatory damages.

“The Cubs organization believes the decision in the Yates case is incorrect and not in line with settled law in this area,” a Cubs spokesman said. “The Cubs will appeal this decision, and we expect to prevail in the appellate court.

Club attorneys and other officials would not comment further.

If the award is upheld on appeal, Chicago-based Tribune Co., which owns the Cubs, would probably tap its liability insurance to cover part of the award. The award would most likely be a covered loss under the team’s comprehensive general liability policy, said Doug Williams, vp-sports division at K&K Insurance Group Inc. In Fort Wayne, Ind.

Baseball teams typically have very low deductibles ranging from $2,500 to $10,000, he said. Primary policy limits are usually $1 million, while excess limits range from $25 million to $100 million.

The Tribune Co. would not comment on the Cubs’ liability coverage.

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