Angels fan suing team; claims ball thrown into stands left him blind in one eye

ANAHEIM, Calif. (KABC) -- An Angels fan has filed a lawsuit against the team and one of its former players this week, claiming a ball thrown into the stands during a game he attended last summer left him blind in one eye.

David Mermelstein was going through a tragic time in his life at the time, according to his attorney Rob Marcereau.

"First, his father passes away, so he's grieving from that. Then, month or so after that happens, he's diagnosed with brain cancer," Marcereau said.

Marcereau said friends took the Angels fan to a game to lift his spirits. Instead, his client, who already had limited vision in his right eye, ended up blind in the left eye and filing a lawsuit against the Angels.

"It impacts everything he does," said Marcereau. "I mean, he really doesn't drive anymore because of his vision. He can't do any of the activities he used to enjoy and on top of that, he's still dealing with having cancer treatment, but he's now facing the prospect of being permanently blind in the future."

According to a complaint filed this week in Orange County Superior Court, the incident happened on June 22, 2022 during a game against the Kansas City Royals.

Mermelstein was sitting in the outfield stands when he looked down to eat some peanuts.

"There was a roar from the crowd, caused him to look up, just in time to see a baseball careening towards his face at high velocity," said Marcereau. "He tried to get a hand up to stop it. He wasn't able to do it in time it ... smashed into his face and it hit him so hard that it crushed his eyeball, kind of like a grape being hit with a hammer."

Marcereau said then Angels outfielder, Juan Lagares, one of the defendants named in the complaint, was behind the throw into the crowd during a warm up.

"If a player that can throw the ball with such high velocity is going to take that voluntary act and throw it into the stands, they've got to do it safely," said Marcereau. "Underhand, hand the ball to a fan ... You don't throw it overhand, at high velocity, randomly into a crowd."

Marcereau said he planned to file an amendment to the original complaint to clarify exactly when during the game the alleged ball throw occurred.

Eyewitness News reached out to the Angels, but a spokesperson said they do not comment on pending litigation.