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Wrigley Field

A Chicago Cubs fan waits outside Wrigley Field before Game 5 of baseball's National League Championship Series between the Chicago Cubs and the Los Angeles Dodgers. The Cubs have been sued to provide better wheelchair access.

The Chicago Cubs have been dismissed from a lawsuit filed against the team by a fan blinded by a foul ball at Wrigley Field, but the ruling by a Cook County judge on Wednesday doesn't mean the case is closed.

Major League Baseball remains a defendant in the lawsuit, which will go forward. And the attorney for John "Jay" Loos, the Schaumburg man who filed the negligence lawsuit last fall, will have another chance to make the case that 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.

It's rare for a judge to green-light a negligence case against the the MLB, Loos' attorney Colin Dunn said of Cook County Judge John Callahan Jr.'s ruling.

"It means if we prove our facts, then we win at trial," Dunn said.

Loos, 60, was blinded in his left eye when he was hit by a foul ball while sitting in an outfield section along the first base line at Wrigley Field in late August.

The debate over increased safety was reignited in September when a little girl was hit by a rocketing foul ball at Yankee Stadium, prompting MLB's commissioner, Rob Manfred, to say the league is looking again at extending protective netting.

Last month, the league announced all 30 teams would have netting extended at least all the way to the dugout for the 2018 season.

Not only have judges across the country frequently thrown out such lawsuits, but also Illinois is one of four states where the legislature enshrined into law the so-called "baseball rule," which absolves stadium owners of liability so long as an adequate number of seats -- largely in the area looking onto home plate -- are behind protective netting.

Fans who sit elsewhere are presumed to have willingly assumed the risk of being hit by a ball or bat, according to the rule, which is now more than a century old.

In Loos' case, his attorney argues there are two exceptions in the law that could allow them to win the lawsuit. Dunn alleges that MLB isn't covered by Illinois' stadium owner liability law and that the Cubs' conduct in failing to install netting was reckless.

A Cubs spokesman was not available for comment.

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