Judge nixes Mets' bid to toss case

Updated: March 21, 2011, 6:55 PM ET
Associated Press

NEW YORK -- 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.

Copyright 2011 by The Associated Press



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