From: INVALID_SEE_SIG@example.com.invalid
In the previous article, David Carson wrote:
> Three major-league baseball fans have been killed by foul balls. The
> last incident was in 2019 at Dodger Stadium. Others have been
> seriously injured. Be sure to read the disclaimer on the back of
> your ticket; it's there for a reason.
Fun (?) tangent on this:
There is a case where the KC Royals were sued by a guy who was injured
when a dancing mascot ("Sluggerrr") whanged him in the eye (stop me
when I get too technical with the medical terminology) with a
foil-wrapped hot dog, damaging his eye. The trial court held for the
Royals on the grounds that a spectator assumes the risk of flying bats
and balls and is expected to be alert to those hazards, and having a
hot dog whanged at your face is of a piece with those risks.
Now, I encountered this case in 2013 as part of my own legal studies.
I've held a grudge against the state of Missouri for over ten years
now, because I thought this guy had so obviously been screwed. The
risks are so obviously different that there is simply no comparison.
(The trial court obviously simply forgot to have me file an amicus
brief explaining this.)
Before bringing it up just now, I Googled the case and I see that the
Missouri Supreme Court agreed with me and remanded the case for a new
trial based on the finding that the two risks are radically different
and the spectator does *not* assume the risk of the mascot's actions.
So I guess that's a grudge I can let go of.
Don't worry, I still have plenty. Starting with the plaintiffs in
Peevyhouse v. Garland Coal & Mining Co., 1962 OK 267 (Okla. 1962).
--
_+_ From the catapult of |If anyone objects to any statement I make, I am
_|70|___:)=}- J.D. Baldwin |quite prepared not only to retract it, but also
\ / baldwin@panix.com|to deny under oath that I ever made it.-T. Lehrer
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--- SoupGate-Win32 v1.05
* Origin: you cannot sedate... all the things you hate (1:229/2)
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