ORLANDO, Fla — A veteran in DeLand claims a local college kept refusing to cover repairs after foul balls damaged his car.
He contacted Action 9's Todd Ulrich for answers.
"I came out and my rear window was busted out," John Kirby said.
He said it's not the first foul ball from the ballpark that took aim at his truck. The first one shattered the rear window.
"I started parking my truck over on this side, next thing I know I got this other ball laying in front of my truck and my headlight is busted out," Kirby said.
Kirby is a member and works at the Veterans of Foreign Wars in DeLand.
He showed Action 9 another vehicle that was damaged by a foul ball from Melching Field, Stetson University's stadium that's located right next door.
Kirby asked the school to pay his $500 repair bills.
"They said they're not responsible for what happens outside of the ballpark," Kirby said.
Action 9 asked legal experts who would be responsible if your vehicle is damaged near a stadium or golf course by foul balls or bad swings.
Legal experts said if you choose to park near a sporting event, it's a known risk and it's a claim against your car insurance.
But cases like Kirby's at the VFW can be far different.
"Stetson should be concerned about their liability," attorney Jared Lee said.
Lee said that since Kirby parks at his work, at a VFW Post that was built decades before the ballpark, it's a hazard he didn't choose, and he may have a case to make.
"I do think it's a legal issue there the VFW may want to explore," Lee said.
Ulrich contacted Stetson University and the spokesperson said vehicle owners should file police reports and insurance clams, and then it will work with them to resolve it.
At the very least, Kirby wants Stetson to install netting to catch foul balls to protect vehicles and pedestrians.
"I just want them to take responsibility for what they do," Kirby said.
He hasn't been left completely empty-handed.
"Yeah, I get to keep the balls I guess," Kirby said.
Kirby said he's not making an insurance claim, because of the deductible and a possible rate increase.
Legal experts say if it happens to you, contact the sport venue first, and then consider calling an attorney.
Cox Media Group
