Being hit by a flying hot dog isn't an inherent risk of watching baseball, state supreme court says
Posted Jun 25, 2014 01:52 pm CDT
The Missouri Supreme Court has ruled on behalf of a baseball fan who says he was hit in the eye with a hot dog thrown by Sluggerrr, the Kansas City Royals mascot.
The court found that being hit in the eye with a flying hot dog was not one of the inherent risks of watching a baseball game. The trial judge wrongly submitted the assumption-of-risk issue to jurors, according to the decision issued on Tuesday.
The plaintiff, John Coomer, says he suffered a detached retina after he was hit in the eye by the hot dog during a 2009 game. Jurors found no liability.
Jurors should decide in a retrial whether Sluggerrr tossed the hot dog that injured Coomer, and whether Sluggerrr was negligent, the court said.
Hat tip to How Appealing.