October 3, 2013
- 315T Public Amusement and Entertainment
- 315TIII Personal Injuries
- 315TIII(C) Actions
- 315Tk164 k. Instructions.
Substantial evidence supported instruction on comparative fault or secondary implied assumption of risk, in spectator’s negligence action against professional baseball corporation for injuries sustained from being hit by hotdog thrown by team mascot, where spectator voluntarily chose to sit close to the action, spectator observed the hotdogs being thrown, spectator heard fans behind him cheering for a throw, and spectator looked away prior to the hotdog allegedly being thrown despite the apparently impending hotdog launch.
Coomer v. Kansas City Royals Baseball Corp., 2013 WL 150838 (Mo. Ct. App. Jan. 15, 2013)
Suggested by Ellen Richardson, Legal Information Librarian; Boston University School of Law; Boston, Mass.