Last March Connecticut Sports Law touched upon a lawsuit filed by a Kansas City Royals fan who claims that he was injured after being hit with a hot dog after the Royals’ mascot misfired with a behind-the-back pass. The plaintiff in that suit, John Coomer, recently scored a victory as the Court denied the Royals’ Motion for Summary Judgment. Carla Varriale of Havkins Rosenfeld Ritzert & Varriale LLP in New York has an excellent post on this case on AthleticBusiness.com. Here’s an excerpt of the article:
There seemed to be little dispute that the risk of being struck by an errant object (even a tossed hot dog) was a well-known or incidental risk associated with a professional baseball game, of which Coomer was aware and to which he consented. However, Coomer argued that the Royals, by and through its employee Sluggerrr, failed to exercise reasonable care in throwing hot dogs into the stadium seating area due to the manner in which the Hot Dog Toss was performed. Sluggerrr allegedly did not throw the hot dog in an arc high into the stands. Rather, he projected the hot dog directly into Coomer, who was seated only a few feet away. Coomer successfully argued that the Royals’ purported failure to supervise and train Sluggerrr regarding the proper method to toss a hot dog into the stands caused his injuries, and was not the sort of risk he assumed when he attended the baseball game.
Click here for the article in its entirety. Great job, Carla!