Yankee fan strikes out again on lawsuit over foul ball injury

This Yankee fan is still out, in spite of an appeal to a new ump.

An appellate court unanimously upheld a lower-court ruling Tuesday that tossed a Yankee fan's lawsuit over a foul ball down the first base line that hit him in the face in 2011.

Andy Zlotnick should have heeded warnings found on his ticket and the back of seats regarding foul balls, the Appellate Division First Department in Manhattan ruled.

Zlotnick's argument that the Yankees failed to enforce policies regarding the use of umbrellas that obstructed his view — the game was played in rainy weather — also didn't hold up, the four-judge panel found.

Zlotnick "admittedly used his own umbrella during the course of the game before being struck by a foul ball," the judges wrote.

Zlotnick, 56, still has blurry vision and pain on the left side of his face.

The Yankees said this month they would extend protective netting in the 2018 season after a young girl was hit in the face by a foul ball.

See photos from that incident: 

8 PHOTOS
Young girl hit by foul ball at Yankee Stadium
See Gallery
Young girl hit by foul ball at Yankee Stadium
NEW YORK, NY - SEPTEMBER 20: Todd Frazier #29 of the New York Yankees reacts after a child was hit by a foul ball off his bat in the fifth inning against the Minnesota Twins on September 20, 2017 at Yankee Stadium in the Bronx borough of New York City. (Photo by Abbie Parr/Getty Images)
NEW YORK, NY - SEPTEMBER-20: A young girl is being assisted after being hit by a line drive off the bat of Todd Frazier of the New York Yankees as fans around her watch in shock in the fifth inning of an MLB baseball game between the Yankees and the Minnesota Twins on September 20, 2017 at Yankee Stadium in the Bronx borough of New York City. Yankees won 11-3. (Photo by Paul Bereswill/Getty Images) *** Local Caption ***
NEW YORK, NY - SEPTEMBER 20: Todd Frazier #29 of the New York Yankees reacts after a child was hit by a foul ball off his bat in the fifth inning against the Minnesota Twins on September 20, 2017 at Yankee Stadium in the Bronx borough of New York City. (Photo by Abbie Parr/Getty Images)
NEW YORK, NY - SEPTEMBER-20: A young girl is carried out of the stadium after being hit by a line drive off the bat of Todd Frazier of the New York Yankees in the fifth inning of an MLB baseball game between the Yankees and the Minnesota Twins on September 20, 2017 at Yankee Stadium in the Bronx borough of New York City. Yankees won 11-3. (Photo by Paul Bereswill/Getty Images) *** Local Caption ***
NEW YORK, NY - SEPTEMBER-20: A young girl is being assisted after being hit by a line drive off the bat of Todd Frazier of the New York Yankees as fans around her watch in shock and third base coach Joe Espada #53 of the Yankees hangs his head in the foreground in the fifth inning of an MLB baseball game between the Yankees and the Minnesota Twins on September 20, 2017 at Yankee Stadium in the Bronx borough of New York City. Yankees won 11-3. (Photo by Paul Bereswill/Getty Images) *** Local Caption ***
NEW YORK, NY - SEPTEMBER-20: A young girl is being assisted after being hit by a line drive off the bat of Todd Frazier of the New York Yankees in the fifth inning of an MLB baseball game between the Yankees and the Minnesota Twins on September 20, 2017 at Yankee Stadium in the Bronx borough of New York City. Yankees won 11-3. (Photo by Paul Bereswill/Getty Images) *** Local Caption ***
NEW YORK, NY - SEPTEMBER-20: A young girl is carried out of the stadium after being hit by a line drive off the bat of Todd Frazier of the New York Yankees in the fifth inning of an MLB baseball game between the Yankees and the Minnesota Twins on September 20, 2017 at Yankee Stadium in the Bronx borough of New York City. Yankees won 11-3. (Photo by Paul Bereswill/Getty Images) *** Local Caption ***
HIDE CAPTION
SHOW CAPTION
of
SEE ALL
BACK TO SLIDE

Read Full Story

Sign up for Breaking News by AOL to get the latest breaking news alerts and updates delivered straight to your inbox.

Subscribe to our other newsletters

Emails may offer personalized content or ads. Learn more. You may unsubscribe any time.