Friday, November 01, 2013
Baseball, apple pie & oh, my eye!
If it had been a foul ball or broken bat that struck John Coomer in the eye as he watched a Kansas City Royals game, the courts likely wouldn’t force the team to pay for his surgeries and suffering. But because it was a hot dog thrown by the team mascot - behind the back, no less - he just may have a case. The Missouri Supreme Court is weighing whether the “baseball rule” - a legal standard that protects teams from being sued over fan injuries caused by events on the field, court or rink - should also apply to injuries caused by mascots or the other personnel that teams employ to engage fans.
. . .
The Jackson County jurors who first heard the case two years ago sided with the Royals, saying Coomer was completely at fault for his injury because he wasn’t aware of what was going on around him. An appeals court overturned that decision in January, however, ruling that while being struck by a baseball is an inherent risk fans assume at games, being hit with a hot dog isn’t. The state Supreme Court heard oral arguments in September, but didn’t indicate when it might issue its ruling.
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