The Liberty Twp. couple who sued the Cincinnati Reds over a foul ball injury at Great American Ball Park have dismissed their lawsuit.
Kimberlee and David Slusher sued the franchise, the Hamilton County commissioners and others in August over an incident that occurred on Aug. 25, 2017, when a foul ball struck Kimberlee Slusher’s face, causing “serious injuries requiring extensive treatment.”
The Slushers voluntarily dismissed the suit “with prejudice” last week, which means the matter could come up again in the future. A hearing on the dismissal is scheduled for Jan. 7.
The parties filed a motion in October asking the court to pause the case while a possible settlement was considered.
“Defendants have obtained and initiated reviewing information related to Plaintiff’s claims and alleged damages. Defendants’ counsel and Plaintiff counsel have likewise discussed the propriety and viability of alternative dispute resolution in this matter,” the joint motion read.
Court records do not indicate the case has been settled. Rob Butcher, a Reds spokesman, said they do not comment on litigation matters. The Slushers’ attorney could not be reached for comment.
The lawsuit noted Slusher suffered “concussion; dental injuries causing loss of teeth and resulting in surgery; headaches; right hip sprain; has suffered severe and permanent injuries; has experienced severe pain and suffering and will continue to experience same in the future.”
It also claimed she will continue to have medical expenses, has lost wages, and “sustained a loss of the enjoyment of life.” They were seeking more than $25,000.
She bolstered her claim by saying the Reds knew of the danger because less than a month after her injury they announced plans to expand netting at the stadium.
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