HOUSTON – A lawsuit brought by a woman claiming the Houston Astros acted with indifference for the welfare of fans by firing free t-shirts at them has been slated for trial in late August.
Las April, Jennifer Harughty filed suit against the Astros, seeking an award of punitive damages
According to her lawsuit, on July 8, 2018 Harughty’s finger was “shattered” during an Astros game when a t-shirt was fired into the stands from a close distance.
“Around the seventh inning … Orbit used a bazooka style t-shirt cannon to rapidly fire multiple t-shirts into the crowd,” the suit states. “Orbit took aim and fired a t-shirt into the stands where Harughty and her family sat. The t-shirt struck her left index finger head-on and with so much force Harughty’s finger fractured.”
However, following the incident, Harughty made a social media post stating: “the guy behind me…had come over the back of me to get it (the t-shirt). Honestly I think that’s how it happened.”
The post did not escape the attention of the Astros.
On March 12, the organization filed a motion citing the post, asking the court for leave to designate responsible third parties, court records show.
“Defendant (the Astros) has also secured video surveillance of the subject incident that also evidences that the person/persons behind Plaintiff caused her injuries, not the actual t-shirt itself,” the motion states.
Court records also show the case was slated to go to trial in May but the parties filed an agreed motion for continuance, stating that more time was needed to depose witnesses and to attempt mediation.
The trial is now slated for Aug. 24.
The lawsuit
Harughty waited until after the game to go to the emergency room, where she was informed her finger was fractured and would require surgery, according to the lawsuit.
She is alleging the Astros negligently failed to warn those in attendance of the “unreasonable risk of harm” posed by t-shirt cannons.
“Defendant’s conduct, when viewed from the standpoint of the actors at the time of the occurrence, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others,” the suit states. “Furthermore, Defendant’s conduct illustrates not only an attitude of conscious indifference for the rights, safety and welfare of others, but also shows Defendant’s actual and subjective awareness of the dangers of such conduct.
“Therefore, Defendant is liable for exemplary/punitive damages.”
Harughty is also suing for her alleged past and future suffering, impairment, mental anguish, loss of opportunity, loss of enjoyment of life, loss of earnings, and medical expenses.
Houston attorney Jason Gibson represents her.
The Astros are represented by William Moye and Tanya White, both Thompson Coe attorneys.
Filed in Harris County District Court, case No. 2019-24958