The Associated Press reports ...
A judge has thrown out a New York Mets fan's lawsuit against the team and Major League Baseball over a bat that broke and flew into his face when he was in the stands of the now-demolished Shea Stadium.
James Falzon sued last summer over the August 2007 incident. A judge dismissed the case Wednesday.
Falzon's lawyer says he plans to appeal. A lawyer for the team and league had no immediate comment.
Falzon has a separate lawsuit that's still ongoing against the bat's makers.
His lawsuit follows years of discussion of the safety of maple baseball bats like the one that shattered and hit him.