Major League Baseball

Judge nixes Mets' bid to toss fan case

Published Mar. 21, 2011 1:00 a.m. ET

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A judge says the New York Mets haven't proven so far that there was no way to foresee a fan's fall onto another spectator at now-gone Shea Stadium, so the case is headed toward trial.

A Manhattan judge has turned down bids to dismiss Ellen Massey's claims against the Mets and a beer concessionaire. A Mets lawyer declined to comment Monday.

Friday's ruling says witnesses said Timothy Cassidy seemed drunk and pugnacious before tumbling onto Massey at a 2007 Mets-Philadelphia Phillies game. Massey's back was broken. Cassidy says another spectator pushed him.

The team has said Cassidy's behavior didn't stand out in a rowdy crowd. Massey's lawyer calls that notion "insulting to Mets fans."

The judge tossed Massey's claims against the city, Shea's owner. The judge says the team was responsible for security.

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