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BOISE -- A man who lost an eye after being hit by a foul ball at a baseball game can seek damages from a minor league team in Idaho.

The Idaho Supreme Court decided not to impose the Baseball Rule of liability in the lawsuit brought by Bud Rountree, instead choosing to let a jury decide if watching baseball is an inherently dangerous activity done at the spectator's own risk. Rountree was struck by a ball while watching the Boise Hawks, a Chicago Cubs farm team.

Loyola Law Sports Institute Director Daniel Lazaroff says the ruling was a rare strikeout for the Baseball Rule, which has been adopted by courts in Massachusetts, New York, Michigan and elsewhere.

Lazaroff says the Idaho court made the right call in finding the Legislature should be the body to decide if stadium owners deserve special legal protections.

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