Kansas City Star: Court Reinstates Lawsuit Over Royals’ Hot Dog Toss

Is it still funny when someone gets hit in the eye?

John Coomer allegedly suffered a detached retina and other injuries when a foil-wrapped hot dog flung by Royals mascot Sluggerrr smacked him in the left eye. A jury ruled in March 2011 for the Royals, finding that being struck by airborne groceries was an inherent risk that Coomer assumed by buying a ticket. The Missouri Western District Court of Appeals disagreed, however.

“The risk of being hit in the face by a hot dog is not a well-known incidental risk of attending a baseball game,” the court ruled. “Consequently, a plaintiff may not be said to have consented to, and voluntarily assumed, the risk by attending the game.”