DENVER (KDVR) Timothy Roeckel was planning to enjoy an afternoon at Coors Field in Denver, but he’s now suing the Colorado Rockies after a foul ball allegedly hit him in the eye.

The 2023 game was between the Colorado Rockies and the New York Yankees, and the foul ball was hit in the bottom of the first inning. Roeckell said in his lawsuit that he was in a private box suite as a guest of a company that had rented the luxury box.

Coors Field’s luxury boxes are located over the 100-level seating and the club boxes.

His lawsuit describes the baseball hitting him “directly in the right eye and face, causing catastrophic and permanent injuries.” He’s suing under the Colorado Baseball Spectator Safety Act of 1993, which does create the assumption of risk for spectators injured by foul balls, but one section creates an exception for a landowner who does not “make reasonable and prudent effort to design, alter, and maintain the premises… in a reasonably safe condition… “

Roeckell’s lawsuit alleges the Colorado Rockies have been “specifically warned by engineers retained by either Major League Baseball, its insurers, or Defendant about the inadequate netting and increased risk associated with the Stadium yet failed to act.”

Coors Field also has a reputation, due to its altitude, for having balls fly further, faster and higher a hitter’s park.

Roeckell’s lawsuit goes on to note the Rockies’ performance, noting a particularly poor showing on May 10 against the San Diego Padres, and said the team’s record has “contributed to a game-day environment” that makes a “stadium culture in which socializing, dining, and business networking have become the primary focus for many attendees.”

His lawsuit argues that because of this, the Colorado Rockies should expect people in the luxury suites are less attuned to the game and therefore more susceptible to injury “from conditions that were not reasonably accounted for in the stadium’s design and maintenance.”

Roeckell is seeking a judgment in his favor that will pay for his injuries, damages and losses caused by the ball hitting his face.

affiliate KDVR has reached out to the Rockies team for comment on the lawsuit. A response was not immediately provided.