Baseball fan John “Jay” Loos was struck by a foul ball at Wrigley Field last August while sitting in an outfield section along the first base line. The incident left him blinded in one eye, and he later filed a negligence lawsuit against MLB and the Chicago Cubs.

The Chicago Tribune reports that both defendants petitioned the court to be dropped from the suit, but only the Cubs were successful. The club was removed as a defendant after a judge said that the plaintiff and his legal team had “failed to adequately show the team acted recklessly.”

The lawsuit will continue forward with MLB as a defendant.

Though lawsuits filed by injured fans at baseball games rarely find success, due to the so-called “baseball rule,” Loos’ attorney Colin Dunn views the development as a positive sign for their case.

From ABCourts Continue to Chip Away at Baseball Rule

“It means if we prove our facts, then we win at trial,” Dunn told the Chicago Tribune.

Loos’ case is just one of the fan injuries that caught news attention last baseball season — a young girl was struck at Yankee Stadium last season.

MLB has announced that all 30 ball clubs will have safety netting extended at their parks ahead of the 2018 season. The protective netting will cover areas between both dugouts.

Jason Scott is Online Managing Editor of Athletic Business.