Judge Tosses New York Mets Fan’s Broken-Bat Suit

A judge has thrown out a New York Mets fan’s lawsuit against the team and Major League Baseball over a bat that broke and flew into his face in the former Shea Stadium’s stands.

A judge dismissed the case Wednesday. James Falzon sued last summer over the August 2007 incident.

Falzon’s lawyer says he plans to appeal. A lawyer for the team and league had no immediate comment.

Falzon has a separate lawsuit that’s still ongoing against the bat’s makers.

Falzon’s suit follows years of discussion of the safety of maple baseball bats like the one that hit him.