IN THE COURT OF APPEALS OF NORTH CAROLINA

No. COA19-510

Filed: 31 December 2020

Durham County, No. 16 CVS 1599

WILIAM S. MILLS, as Guardian ad Litem for ANGELINA DEBLASIO, Plaintiff,

v.

THE DURHAM BULLS BASEBALL CLUB, INC., Defendant.

Appeal by Plaintiff from an order entered 28 December 2018 by Judge Eric C. 

Morgan in Superior Court, Durham County. Heard in the Court of Appeals 3 

December 2019.

Ward & Smith, P.A., by Alexander C. Dale, A. Charles Ellis, and Christopher 

S. Edwards, for Plaintiff-Appellant.

Fox Rothschild LLP, by D. Erik Albright and Kip David Nelson, for DefendantAppellee.

McGEE, Chief Judge.

Plaintiff Angelina DeBlasio (“Plaintiff”),

1 who was hit and injured by a foul ball 

at a baseball game, appeals from an order granting summary judgment in favor of 

The Durham Bulls Baseball Club, Inc. (“Defendant”) and dismissing her complaint. 

On appeal, Plaintiff contends that the common law “Baseball Rule,” which disclaims 

liability for baseball stadium operators who satisfy their duty to protect patrons from 

errant balls by providing an adequate number of screened seats, Bryson v. Coastal 

 

1 Though formally represented by her Guardian ad Litem, we refer to Angelina DeBlasio as 

the singular “Plaintiff” for simplicity and ease of reading.
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Plain League, LLC, 221 N.C. App. 654, 656–57, 729 S.E.2d 107, 109–10 (2012), does 

not apply to the facts of this case. Though Plaintiff undoubtedly suffered a painful 

and unfortunate injury, we hold that the Baseball Rule is applicable and affirm the 

trial court’s order.

I. Factual and Procedural History

Plaintiff was born in 2004 in the Pittsburgh, Pennsylvania area. Plaintiff took 

up softball while living in Pittsburgh, and attended several Pittsburgh Pirates games 

in 2014 and 2015 with her family. Plaintiff’s younger siblings both play either 

baseball or softball, and baseball is a popular sport with Plaintiff’s parents and 

siblings; since 2014, Plaintiff’s family would get together and watch three or four 

Major League Baseball playoff games on TV each season. Plaintiff paid attention to 

the majority of each game she watched on TV or attended in person.

Plaintiff’s father worked for Panasonic Avionics (“Panasonic”), a job which led 

Plaintiff’s family to relocate to North Carolina in 2015. To celebrate the move and 

introduce Plaintiff’s family to the other area employees, Panasonic arranged for a 

picnic meet-and-greet at Durham Bulls Athletic Park during a baseball game hosted 

by the Durham Bulls on 5 August 2015. Panasonic reserved a publicly accessible 

picnic area called the Bull Pen Picnic Area (“Picnic Area”) for the event.

The Picnic Area is an open-air section of the stadium situated behind the leftfield foul line in the corner of the outfield at one of the furthest spots in left field from 
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home plate. Located at about field level and—as of 5 August 2015—separated from 

the area of play only by a low wall, the Picnic Area is outside the 110 feet of protective 

netting that runs from behind home plate towards each team’s dugout. The portion 

of the Picnic Area closest to the field includes picnic tables with umbrellas, while the 

area furthest from the field is open space. Three warning signs are posted along the 

Picnic Area’s field wall, stating “PLEASE BE AWARE OF OBJECTS LEAVING THE 

PLAYING FIELD,” and other similar signs are placed throughout the stadium. Prior 

to each game, the Durham Bulls play an announcement over the public address 

system warning visitors that baseballs may “come flying at ya’ at a high rate of speed, 

so please stay alert while you’re in the seating bowl.”

On the night of the picnic, Plaintiff’s family arrived at the ballpark around 6:15 

p.m. and learned for the first time that they would be sitting in the Picnic Area. They 

made their way to the Picnic Area before the game started and took pictures of several 

players warming up. Plaintiff did not pay attention to the game once it started, later 

testifying at deposition that she saw “[j]ust a little bit” of the game. Instead, Plaintiff 

spent most of her time talking to her parents while occasionally getting food from the 

buffet at the back of the Picnic Area. Plaintiff’s father paid closer attention to the 

game and saw three or four foul balls enter the stands during play. He also spoke to 

one of the players from the visiting team, who sometimes sat on the low wall 

separating the Picnic Area from the field. Neither he nor his daughter heard the 
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public announcement about errant balls, nor did they see any of the signs warning 

attendees about objects leaving the field.

Around 8:00 p.m., as Plaintiff was seated on a bench facing the field and 

talking to her mother, a foul ball exited the field of play, entered the Picnic Area, and 

struck Plaintiff in the face. She suffered severe injuries, including multiple 

dislocated teeth and broken bones in and around her jaw. She was taken from the 

stadium to Duke University Medical Center’s Emergency Department, where she 

underwent endodontic and orthodontic surgeries later that night. She returned to 

the Medical Center the following month for additional endodontic and orthodontic 

surgery.

Plaintiff filed suit against Defendant on 21 December 2016, alleging one count 

of negligence in connection with the events of 5 August 2015. Defendant filed an 

answer on 28 February 2017 and, following discovery, moved for summary judgment 

on 13 November 2018. In its motion, Defendant asserted that “[u]nder long-standing 

North Carolina precedent known as the ‘baseball rule,’ . . . Defendant was not 

negligent as a matter of law.” The trial court granted Defendant’s motion and entered 

an order dismissing Plaintiff’s complaint on 28 December 2018. Plaintiff appeals.

II. Analysis

Plaintiff’s appeal from summary judgment is subject to de novo review. 

Bryson, 221 N.C. App. at 656, 729 S.E.2d at 109. The trial court’s grant of summary 
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judgment will be affirmed “if the pleadings, depositions, answers to interrogatories, 

and admissions on file, together with the affidavits, if any, show that there is no 

genuine issue as to any material fact and that any party is entitled to a judgment as 

a matter of law.” N.C. Gen. Stat. § 1A-1, Rule 56(c) (2017). To demonstrate a valid 

cause of action for negligence at the summary judgment stage, a claimant must 

forecast evidence showing that: “‘(1) the defendant owed the plaintiff a duty of care; 

(2) the defendant’s conduct breached that duty; (3) the breach was the actual and 

proximate cause of the plaintiff’s injury; and (4) plaintiff suffered damages as a result 

of the injury.’” Hamby v. Thurman Timber Co., LLC, 260 N.C. App. 357, 363, 818 

S.E.2d 318, 323 (2018) (quoting Wallen v. Riverside Sports Ctr., 173 N.C. App. 408, 

411, 618 S.E.2d 858, 861 (2005)).

 The parties dispute whether the common law Baseball Rule necessarily defeats 

Plaintiff’s claim based on the evidence presented at summary judgment. Under the 

Rule, baseball field “operators ‘are held to have discharged their full duty to 

spectators in safeguarding them from the danger of being struck by thrown or batted 

balls by providing adequately screened seats for patrons who desire them, and leaving 

the patrons to their choice between such screened seats and those unscreened.’” 

Bryson, 221 N.C. App. at 657, 729 S.E.2d at 109 (quoting Cates v. Cincinnati 

Exhibition Co., 215 N.C. 64, 66, 1 S.E.2d 131, 133 (1939)). That duty is discharged 
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even when there are not enough screened seats to meet the demand for them. Id. at 

657, 729 S.E.2d at 109–10. In other words:

Reasonable care is all that is required,—that is, care 

commensurate with the circumstances of the situation,—

in protecting patrons from injuries.

And the duty to exercise reasonable care imposes no 

obligation to provide protective screening for all seats . . . . 

Nor is management required, in order to free itself from 

negligence, to provide protected seats for all who may 

possibly apply for them. It is enough to provide screened 

seats, in the areas back of home plate where the danger of 

sharp foul tips is greatest, in sufficient number to 

accommodate as many patrons as may reasonably be 

expected to call for them on ordinary occasions.

Erickson v. Lexington Baseball Club, 233 N.C. 627, 628, 65 S.E.2d 140, 141 (1951) 

(citations omitted).

In this case, Plaintiff argues that the Baseball Rule should not apply for five

reasons: (1) Plaintiff lacked sufficient knowledge of the game of baseball to 

understand that foul balls could be hit into the stands and cause injury to unprotected 

spectators; (2) she did not have a choice between sitting in the Picnic Area and the 

stadium’s screened seats; (3) she was not, in fact, a spectator, as she considered 

herself to be attending a company picnic rather than a baseball game; (4) the Picnic 

Area was negligently designed and that negligent design caused Plaintiff’s injury; 

and (5) the Baseball Rule, created at a time when baseball was central to and 
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synonymous with American popular culture and sport, should be abandoned as 

outdated. We address each argument in turn.

In her first argument, Plaintiff maintains that the Baseball Rule applies only 

to cases in which a spectator of sufficient age and experience with the game of 

baseball is hit by an errant baseball based on the following language from 

Cates: “[‘]We believe that as to all who, with full knowledge of the danger from thrown 

or batted balls, attend a baseball game the management cannot be held negligent 

when it provides a choice between a screened in and an open seat[.][’]” Cates, 215 

N.C. at 66, 1 S.E.2d at 132 (emphasis added) (quoting Wells v. Minneapolis Baseball 

& Athletic Assoc., 142 N.W. 706, 707 (1913)). Plaintiff asserts that because she was 

eleven years old at the time of the injury and had never personally witnessed a foul 

ball enter the stands, she lacked “full knowledge of the danger from thrown or batted 

balls.” Id. The contention fails, however, because evidence introduced at the trial 

level demonstrates Plaintiff had adequate knowledge of the game under North 

Carolina law to be aware of the danger posed by foul balls regardless of whether she 

had ever personally witnessed one enter the stands.

Our Supreme Court has held that “[a]nyone familiar with the game of baseball 

knows that balls are frequently fouled into the stands and bleachers. Such are 

common incidents of the game which necessarily involve dangers to spectators.” 

Erickson, 233 N.C. at 629, 65 S.E.2d at 141 (emphasis added). Plaintiff certainly had 
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this “ordinary knowledge of the game of baseball,” id., based on the uncontroverted 

evidence introduced below. She had attended multiple baseball games in person, 

watched several games on TV, and played softball2 for several years prior to attending 

the game in question. Plaintiff paid close attention to all of the games she attended 

or saw on TV. At the games she attended, she “watch[ed] . . . for the entire time [she] 

was there” with the exception of trips to the bathroom and concessions; as for the 

games she watched on TV, she paid attention to about “85 percent” of each game. We

hold that, as stated by our Supreme Court, Plaintiff, like “anyone familiar with the 

game,” Erickson, 233 N.C. at 629, 65 S.E.2d at 141, had sufficient knowledge of the 

sport to comprehend the danger of balls fouled into the stands even if she had never 

witnessed such an event herself.

Plaintiff’s subsequent assertion that she did not have a choice of seats does not 

preclude application of the Baseball Rule. The “choice” embodied in the Rule is the 

choice on the part of the spectator to attend a baseball game in an unprotected seat 

when the ballpark operator has satisfied its duty to protect patrons by offering a 

reasonable number of protected seats. Id. at 628, 65 S.E.2d at 140–41. For example, 

in Erickson, a spectator struck by a ball attempted to sue the stadium operator “on 

the theory that the defendant was negligent in not providing him with a choice 

 

2 The Baseball Rule applies to both softball and baseball. See Bryson, 221 N.C. App. at 657, 

729 S.E.2d at 110 (applying the Rule to “[p]ersons familiar with the game of softball or baseball” 

(citation and quotation marks omitted)).
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between screened and unscreened seats.” Erickson, 233 N.C. at 628, 65 S.E.2d at 

140. The plaintiff bought a general admission ticket and arrived at the game “about 

ten minutes before game time” when “[a]ll of the screened seats were then occupied.” 

Id. at 628, 65 S.E.2d at 141. 

Our Supreme Court held on these facts that “[t]he defendant’s failure to 

provide the plaintiff with a screened seat . . . [did] not support an issue of actionable 

negligence.” Id. This was the case because the ballpark operator had provided a 

reasonable number of screened seats and, even though those seats were unavailable 

to the plaintiff, he chose to sit in an unprotected seat with knowledge that he could 

be injured by a batted ball. Id. at 628–29, 65 S.E.2d at 141. Plaintiff and her family, 

in this case, arrived at a baseball game to learn that they would not be seated in a 

protected area of the stadium and, with adequate knowledge of baseball to recognize 

the danger posed by foul balls, nonetheless chose to stay and sit in an unprotected 

area. As in Erickson, the Baseball Rule precludes recovery for spectators who make 

such a choice. Id.

Plaintiff’s argument that she did not consider herself to be a “spectator” 

because she was at the stadium to attend a company picnic also does not preclude 

application of the Baseball Rule. Even though Plaintiff had no plans to watch the 

game and considered herself to be attending a picnic, there can be no serious dispute 

from the evidence that she did not know she was at a picnic in a baseball stadium 
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while a baseball game was taking place. Plaintiff’s deposition testimony 

unambiguously shows that she knew she was in a baseball stadium, that she was 

aware a baseball game was underway while she was in the Picnic Area, and that the 

game could be observed from that area; indeed, she testified that she watched players 

warm-up before the game and even caught “a little bit” of the game while it was 

underway. Plaintiff was, for all intents and purposes, a “spectator” within the 

meaning of the Baseball Rule. Cf. Wheeler v. Central Carolina Scholastic Sports, Inc., 

253 N.C. App. 240, 798 S.E.2d 438, 2017 WL 1381646, *1 (Unpublished) (applying 

the Baseball Rule to a plaintiff who was struck by a ball while talking to a friend 

behind a fence beside the stadium bleachers), aff’d per curiam, 370 N.C. 390, 808 

S.E.2d 143 (2017). Plaintiff’s argument on this point is one of semantics rather than 

law and does not render the Baseball Rule inapplicable.

Plaintiff’s fourth argument states that the Baseball Rule does not apply 

because Defendant negligently designed the Picnic Area and those negligent design 

elements were the proximate cause of her injury. See Cates, 215 N.C. at 66–67, 1 

S.E.2d at 132 (holding the Baseball Rule applied where there was no evidence that 

the stadium was negligently designed or that the design of the stadium caused the 

plaintiff’s injury). She specifically contends that the Picnic Area was negligently 

designed in that it “purposefully distracts patrons from the game” in the following 

ways: (1) patrons in the Picnic Area have to turn their backs to the game to get food 
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from the buffet at the rear of the space; (2) several of the picnic tables allow patrons 

to sit with their backs to the game while eating or socializing; (3) umbrellas which 

extend above the picnic tables may obscure lines of sight; and (4) visiting players 

sometimes sit on the low wall separating the Picnic Area from the field, which could 

block views of the game. She argues that these elements dangerously “beckon[]

patrons to turn their backs to the game and to ignore baseball’s dangers,” which in 

turn led Plaintiff and her family to think the Picnic Area was “a safe place” insulated 

from baseball’s inherent risks.

Plaintiff has introduced no evidence demonstrating that the above design 

elements actually contributed to her injury and thus her argument lacks merit. The 

record shows that Plaintiff was sitting at a picnic table that was directly adjacent to 

the low wall and on a side with views of home plate at the time she was struck by a 

foul ball.

3 No evidence suggests—and Plaintiff points to none—that the foul ball that 

hit her was obscured by an umbrella or player from the opposing team. Defendant

directly sought to dispel any indication that the Picnic Area was free from the dangers 

posed by foul balls by placing three signs along the low wall specifically warning 

 

3 That Plaintiff was speaking to her mother, who was sitting at the same picnic table when 

Plaintiff was struck, does not show that the Picnic Area was negligently designed; professional 

baseball games are inherently social events where people congregate to cheer players and teams 

together. It is both expected and routine for attendees to speak to those around them during the game, 

no matter where they may be seated. Plaintiff, who was speaking to her mother from a bench next to 

the field with a view of home plate, was thus not engaged in an activity particular to the Picnic Area’s 

design when injured. Cf. Wheeler, 2017 WL 1381646 at *1 (applying the rule to a plaintiff who was 

talking to a friend at the time of his injury).
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attendees to “BE AWARE OF OBJECTS LEAVING THE PLAYING FIELD.” In sum, 

no design elements identified by Plaintiff appear to have interfered with Plaintiff’s 

ability to avoid injury, and neither did they convey that foul balls could not enter the 

Picnic Area. Because the evidence does not show the design of the Picnic Area caused 

or contributed to her injury, we hold the Baseball Rule applies to this case. Cates, 

215 N.C. at 66–67, 1 S.E.2d at 132.

In her final argument, Plaintiff argues that the Baseball Rule should be 

abandoned as archaic and out-of-step with the sport’s arguably diminished place in 

popular culture compared to its historical primacy in the American sporting 

landscape. Because the Rule was announced by our Supreme Court, applied by prior 

panels of this Court, and has not been disclaimed by a higher court, we are without 

authority to set it aside. In re Civil Penalty, 324 N.C. 373, 384, 379 S.E.2d 30, 37 

(1989).

III. Conclusion

For the foregoing reasons, we affirm the trial court’s order granting summary 

judgment for Defendant and dismissing Plaintiff’s complaint.

AFFIRMED.

Judges TYSON and ZACHARY concur.