The family of the 2-year-old girl who suffered a fractured skull when she was struck by a foul ball at an Astros game has retained Houston attorney Richard Mithoff to represent them in potential discussions with the ball club.
While no lawsuit has been filed in the case, Mithoff said he has contacted the Astros to inform them that he and attorney Steve Polotko will be representing the family with an eye toward discussion on potential options in the matter.
“The Astros’ risk management representative reached out to the family, and now that the family is represented by counsel, I wanted to let the other side know that I am involved so that can get in touch with me,” Mithoff told the Houston Chronicle in an exclusive interview. “It’s not unusual to let the other party know when one party has retained counsel.”
Mithoff said the family of the child, who remains unidentified, attended the May 29 with tickets given them to as a gift when the line drive struck the girl while she was sitting on a grandparent’s lap.
The child continues to undergo treatment at Baylor College of Medicine’s Blue Bird Circle Clinic for Pediatric Neurology and continues to suffer seizures and has an abnormal electroencephalogram reading, Mithoff said.
In a letter addressed to Astros owner Jim Crane, Mithoff thanked the Astros on the family’s behalf for their interest in the child’s well-being. He said family members also appreciate the public’s interest and best wishes for her recovery.
“The family wanted to thank everyone for their concern, and that was first and foremost,” Mithoff said. “Secondly, we wanted to see whether or not any conversations can take place that can lead to a discussion of options that would make sense for the fans and the ballparks and the clubs.
“I know Jim Crane and know him to be a responsible owner, and I think he will do the right thing.”
Regarding the possibility of litigation, baseball has long been shielded from legal action regarding fan injuries by what is known as the “baseball rule,” which states that a ticket holder “assumes all risk and danger incidental to the baseball game, and all other activities, promotions or events at the Ballpark before, during and after the baseball game, including, but not limited to, the danger of being injured by baseballs, equipment, objects or persons entering spectator areas.”
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