Coomer v. Kan. City Royals Baseball Corp.

Plaintiff brought this negligence action against the Kansas City Royals Baseball Corporation after he was allegedly injured when he was hit in the eye with a hotdog thrown by Sluggerrr, the Kansas City Royals mascot. During the trial, the trial judge gave an instruction to the jury asking the jurors to decide whether the risk of suffering an injury by being struck by a hotdog thrown by Sluggerrr was one of the inherent risks in watching a Royals baseball game that Plaintiff assumed merely by attending the game. The jury rendered a verdict in favor of the Royals. The Supreme Court vacated the judgment and remanded, holding (1) whether a particular risk is inherent in watching a sporting event is a question of law for the court, not a question of fact for the jury; and (2) in this case, the risk of being injured by the mascot’s hotdog toss is not one of the inherent risks of attending a Royals game. View "Coomer v. Kan. City Royals Baseball Corp." on Justia Law