Kyle Barnett Jun. 19, 2015, 1:29pm


GRETNA – A minor league baseball team is being sued by a fan who claims he was blinded in one eye and suffered a brain injury after being struck in the face by a foul ball while attending a game.

Don Wilson, and wife Barbara, filed suit against Louisiana Stadium and Exposition District and New Orleans Zephyrs Baseball Club LLC in the 24th Judicial District Court on May 5.

Wilson alleges he was attending a Zephyr’s baseball game at Zephyr Field on May 6, 2014 and was seated behind the third base dugout when a foul ball was hit into the area and struck him in the right eye. The plaintiff contends there was no protective netting or fencing in the area where he was seated, which could have prevented the incident. Wilson asserts he received significant injuries in the incident including being blinded in his right eye, a traumatic brain injury, scarring and disfigurement.

The defendant is accused of violation of state law, failing to warn of the dangers of foul balls, failing to properly place fencing to protect spectators and creating an unreasonable risk of harm.

An unspecified amount in damages is sought for medical expenses, pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, loss of earning capacity and disability.

Wilson is represented by Timothy E. Pujol of Gonzales-based Pujol, Pryor & Irwin LLC.

The case has been assigned to Division F Judge Michael P. Mentz.

Case no. 749-370.

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