10# 2028.0148333-cV ‘= EFILED IN OFFICE. coee counny GeoRon 23108343 IN THE SUPERIOR COURT OF COBB COUNTY Angela Brown - 66 BUOK COURLOES od 8S aes ORs PM a MAYRA NORRIS and SCOTT NORRIS, Plaintiff, Civil Action File No. v. ATLANTA BRAVES, INC. and JORGE SOLER, JURY TRIAL DEMANDED Defendants. ee) COMPLAIN’ COME NOW Plaintiff MAYRA NORRIS (“Plaintiff M. Norris”) and Plaintiff SCOTT NORRIS (“Plaintiff'S. Norris), and file their Complaint against Defendants ATLANTA BRAVES, INC. nd JORGE SOLER, and show this Honorable Court as follows: PARTIES, JURISDICTION, AND VENUE 1 Defendant Atlanta Braves, Inc. (“Defendant Braves”) is a domestic profit corporation and can be served with process by delivering a copy of the Summons and Complaint to its registered agent, CSC of Cobb County, Inc. at 192 Anderson Street SE, Suite 125, Marietta, Cobb County, GA, 30060. 2. Defendant Jorge Soler (‘Defendant Soler’) is a resident of the State of Florida and can be served with process at the address of his residence, which has yet to be determined,3. This Court has jurisdiction over the parties, subject matter of this Complaint, and Plaintifts’ requests for relief. Venue is proper in this Court. BACKGROUND 4. On October 29, 2021, Plaintiff M. Norris, along with her husband Plaintiff S. Norris (together “Plaintiffs") and her brother-in-law, Patrick Norris, attended the World Series baseball game between the Atlanta Braves and the Houston Astros at Truist Park located at 755 Battery ‘Ave SE, Atlanta, GA 30339 (the “Property”). b Plaintiff M. Norris and her family members were in Seats 5-7 in Section 109, in the right field corner. 6. At the top of the fifth inning, right before the game resumed, Defendant Jorge Soler (“Defendant Soler”), who was standing in the outfield not in close proximately at all to the stands, tumed to the right field seats where they were sitting and threw the ball directly in Plaintiff M. Nortis’s direction. Defendant Soler threw the ball overhand, with great force, speed, and intensity in the immediate direction of Plaintiff M. Norris.8 Defendant Soler did not sofily toss the ball into the stands to the crowd. He threw the ball overhand, with a great deal of speed and force, Defendant Soler threw the ball with such force and speed that it hit Ms, Norris direetly in her right eye causing extensive and exeruci to her right eye. ‘The ball was thrown with such speed and force that Ms. Norris had no time to react or to avoid the impact from the ball. 10, At the time the ball was thrown by Defendant Soler, the game was not in play. Defendant Soler’s actions in throwing the ball into the stands were not incidental to the game or any warm- up between players. i. Defendant Braves had exclusive ownership, possession, and control over this area at the Property at all times relevant to this litigation. 12, Due to the seriousness of the injuries Plaintiff M. Norris sustained, she and her husband were immediately escorted by security personnel to a medical treatment office where photographs were taken of her injuries and a report was made by an employee of Defendant Braves documenting the incident13) Asa result of the incident, PlaimtiffM. Norris suffered s ant and excruciating injuries, including but not limited to multiple fractures, a right eye edema, and infra-orbital abrasion, Plaintiff M. Norris has had to seek extensive medical treatment for the injuries she sustained and has suffered an injury to her right eye that will require long term medical care. 14, Plaintiff M. Norris has also suffered emotional injury as a result of the traumatic ineident and the effect that the injuries have had on her quality of life. 15 Plaintiff S, Norris, as the husband of Plaintiff M. Nortis, has also suffered injury related to his loss of companionship, love, affection, and intimacy in his marital relationship with Plaintiff M. Norris as a result of the injuries that she sustained, Plaintiffs hereby incorporate Paragraphs 1-15 as if stated verbatim herein, 17. Defendant Braves owed a nondelegable duty of reasonable care in keeping the premises safe for visitors to the Property such as Plaintiff’ 18. Defendant Braves was negligent in failing to keep the premises safe for visitors such as Plaintiffs.19, Plaintiffs did not know and could not reasonably have learned of the danger posed by the intentional and reckless conduct of Defendant Braves’ baseball players in between innings. 20. At all times herein mentioned, Plaintiff exercised ordinary and due care for her own personal safety and well-being. 21 As a direct, actual, and proximate result of Defendants’ negligence, Plaintiff M. Norris sustained serious injuries, including but not limited to multiple fractures, a right eye edema and infra-orbital abrasion. 2. Asa result of Plaintiff M. Norv injuries, the Plaintiffs have incurred medical and other expenses for necessary medical treatment in an amount to be determined at trial 23, Asa direct, actual and proximate result of Defendants’ negligence, Plaintiff M. Norris has sustained physical pain and suffering and will continue to suffer in the future COUNT Il - NEGLIGENCE {as to both Defendants), 24. Plaintifts hereby incorporate Paragraphs 1-15 as if stated verbatim herein, 25. Atall times relevant hereto, Defendants owed a legal duty to residents and visitors of the Property to maintain the premises in a reasonably safe condi n_and to prevent reckless and dangerous conditions of which it knew or should have known.26. Defendants breached their duty to the Plaintiffs by failing to keep the premises in a safe and proper condition and by failing to prevent and by allowing dangerous and reckless conduct by Defendant Braves’ players. rap Atall times herein mentioned, Plaintiff M. Norris exereised ordinary and due care for her own personal safety and well-being. 28. The negligence of Defendants in failing to keep the premises in a safe and proper condition and by failing to prevent and by allowing dangerous and reckless conduct by Defendant Braves’ players was the direct, actual, and proximate cause of Plaintiff M. Norris” injuries. _ As a direct, actual and proximate result of Defendants’ negligence, Plaintiff M. Norris sustained serious injuries, including but not limited to multiple fractures, a right eye edema and infra-orbital abrasion. 30. As a result of Plaintiff M. Norris's injuries, Plaintiff’ M. Norris has incurred medical and other expenses for necessary medical treatment in an amount to be determined at trial 31 Asa direct, actual and proximate result of Defendants’ negligence, Plaintiff M. Norris has sustained physical pain and suffering and emotional pain and will continue to suffer in the future.COUNT II - VICARIOUS LI 32, Plaintiffs hereby incorporate Paragraphs 1-15 as if stated verbatim herein, 33, Defendant Soler’s actions of purposefully, recklessly, and without caution throwing the ball into the stands with excessive force and speed was negligent. 34, Defendant Soler’s negligent actions were performed while he was acting in furtherance of Defendant Braves’ business. 35. Defendant Soler’s actions were performed while he was acting withing the scope of his jobs with Defendant Braves, 36. Defendant Braves is vicariously liable for the negligent conduct of Defendant Soler in an amount to be determined at trial. COUNT, to both Defendants) 37. Plaintiffs hereby incorporate Paragraphs 1-15 as if stated verbatim herein,38, Plaintiffs show that the actions of the Defendants, as alleged herein, showed that entire want of care which would raise the presumption of conscious indifference to consequences, entitling Plaintiffs to recover punitive damages in an amount to be determined by a jury at trial V — LOSS OF CONSORTIUM {as to both Defendants) 39, Plaintif’s hereby incorporate Paragraphs 1-15 as if stated verbatim herein. 40. At the time of the incident, Plaintiffs M. Norris and S, Norris were married and are still mattied as of the present date. 4l Asa result of the injuries suffered by Plaintiff M. Norris, Plaintiffs have had their marital relationship interfered with, and Plaintiff S. Norris has suffered a loss of companionship and affection with his wife. 42. AS a result of the injuries suffered by Plaintiff M. Norris, Plaintiff Shamin 8. Norris has had to take care of his wife, and their marital relationship has suffered. 43. Asa result of the injuries suffered by Plaintiff M. Norris, Plaintiff'S, Norris has a claim for loss of consortium with his wife.COUNT VI - EXPENSES OF LITIGATION {as to both Defendants) 44, Plaintifts hereby incorporate Paragraphs 1-15 as if stated verbatim herein, 45. Plaintiff's show that Defendants have acted in bad faith, have been stubbornly litigious and has caused Plaintiff's unnecessary trouble and expense thereby entit 1g Plaintiffs to recover their expenses of litigation, including reasonable attorney’ fees, pursuant 10 O.C.G.A. § 13-6-11 WHEREFORE, Plaintiff prays for the following relief: a That Plaintiff M. Norris recover general and compensatory damages in an amount to be determined by a jury at trial; A sum of damages to compensate for Plaintiff's injuries and damages, including, but not limited to, past and future medical expenses; and past, present, and future pain and suffering as aforesaid; Judgment be rendered against Defendants for punitive damages to deter like or similar conduct in the future; Judgment be rendered against Defendants in favor of Defendant S. Norris for his loss of consortium claim; ‘That Plaintiffs recover expenses of litigation, including reasonable attorney’s fees, in an amount to be determined by a jury at trial; and That this Court grant Plaintiffs such other and further relief as may be deemed just and proper, Respectfully submitted this 25" of October, 2023.10 SUSAN B. SHAW LAW, LLC By: /s/ Susan B, Shaw Susan B. Shaw Georgia Bar No. 640237 120 West Trinity Place Fourth Floor Decatur, GA 30030 Direct: 404-442-2062 Cell: 404-668-9009 isan@isbshawlaw.com Counsel for Plaintiff