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PITTSBURGH (KDKA) – It was frightening incident in the middle of a Pittsburgh Pirates game more than three years ago – a foul ball that struck a fan behind home plate.

Now, that fan’s lawsuit over the incident is set to go to trial. Jury selection begins today in this case.

The lone defendant remaining in the lawsuit has asked for Allegheny County Common Pleas Judge Michael Della Vecchia to be prohibited from presiding at the trial because of improper communications he had with the plaintiff’s attorney, according to the Pittsburgh Post-Gazette.

(Photo Credit: Jared Wickerham/Getty Images)

The defendant is Promats, which is the company that installed protective netting which stops balls from hitting fans in their seats.

In 2016, Wendy Camlin, of Shadyside, filed a lawsuit against the Pittsburgh Pirates, Major League Baseball and the municipal authority that owns the venue. It was filed nearly a year after a foul ball struck her in the head as she was standing in the front row behind home plate.

According to the Post-Gazette, the lawsuit claims that the defendants failed to properly protect spectators when they allowed them to sit behind the flexible, lightweight screen behind home plate.

A judge granted the defendant’s motion, but that doesn’t mean there was any wrongdoing.

The case will now be heard by Common Pleas Judge John McVay Jr.