Hot dog injury lawsuit decision awaited from Missouri Supreme Court
10/31/2013 // West Palm Beach, Florida, US // JusticeNewsFlash // Justice News Flash // (press release)
Kansas City – The Missouri Supreme Court is set to make a decision regarding whether a team mascot can be held liable for the injuries sustained by a fan at a Kansas City Royals game. As reported by The Christian Science Monitor, the court is weighing whether the “baseball rule,” which protects teams from lawsuits over fan injuries linked to field, court, or rink events, applies to an incident in which a man alleged he was injured after being hit by a hot dog thrown by a mascot.
John Coomer claims he was injured at a Royals game in 2009 when Sluggerrr, the team’s lion mascot, threw a foil wrapped wiener into the stands that struck him in the eye. He reportedly had two surgeries after the incident.
His attorney, Robert Tormohlen, is quoted in the report as stating, “If a jury finds that the activity at issue is an inherent and unavoidable risk, the Royals owe no duty to their spectators…No case has extended the no-duty rule to the activities of a mascot.”
As noted in the report, oral arguments were heard by the Supreme Court in September, but there has yet to be an indication on when a ruling may be issued.
This report is provided by Justice News Flash – Kansas City Legal News
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