CHICAGO (AP) — A judge has dismissed the Chicago Cubs from a lawsuit filed by a fan blinded in one eye by a foul ball at Wrigley Field.

John Loos of Schaumburg, Illinois says in the lawsuit filed in October he was sitting along the first-base line near the outfield during an August 29 game when he was struck in the face.

The Chicago Tribune reports Major League Baseball remains a defendant in the lawsuit. The attorney for Loos will have another chance to make the case the Cubs should be a defendant because the team “willfully and wantonly” failed to erect safety netting despite knowing of the injury risk to fans.

A Cubs spokesman was unavailable for comment on the court’s action.

Judges across the country frequently thrown out such lawsuits. Illinois is one of four states with a so-called “baseball rule.” The law absolves stadium owners of liability so long as an adequate number of seats are behind protective netting.

(© Copyright 2018 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)

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