The Detroit Tigers and their co-defendants have filed a court response arguing they cannot be held legally responsible for an injury suffered by Athletics third baseman Zack Gelof during a July game at Comerica Park. The motion, filed Oct. 29, contends that co-defendants Ilitch Holdings and the Detroit-Wayne County Stadium Authority did not control the ballpark and therefore cannot be liable for its conditions.
According to Gelof's lawsuit filed Sept. 28 in Wayne County Circuit Court, he was sliding to catch a foul ball along the left-field line when his right knee struck an exposed metal fence protruding into or alongside the playing area. The suit alleges the rigid, sharp fencing lacked adequate protective padding, tearing his uniform and causing a deep laceration beneath his right kneecap that narrowly missed his patellar tendon.
Gelof missed 30 days of practices and games while recovering. The lawsuit contends the injury affected his statistics, career progression and earning potential while leaving him at risk of reinjury, and seeks compensation for medical expenses, lost wages, career opportunities and pain and suffering.
In their response, the Tigers argue that Gelof, as a professional baseball player, assumed the inherent risks of the game, including colliding with the fence. They also contend the exposed fencing was "open and obvious," which should bar his claims. The lawsuit notes the Tigers installed protective padding over the exposed fencing shortly after the incident.
Sources: Las Vegas Review-Journal
Original reporting: Las Vegas Review-Journal →
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