Man drilled by flying hot dog at baseball game gets second chance to sue team
At no point in "Take Me Out to the Ballgame" are fans warned to shield their eyes from an onslaught of hot dogs hurled by a man in a lion suit. That's because the threat is not an "inherent" risk of attending a game, the Missouri Supreme Court ruled on Tuesday.
The case stems from a 2009 incident in which Kansas City Royals mascot Sluggerrr nailed fan John Coomer in the eye with a hot dog. (Sluggerrr and his helpers often throw hot dogs or launch them via air cannon into the crowd.) Coomer suffered a detached retina and sued the Royals, though a trial court ruled against him after the team argued that fans assume the risk of being hit with all kinds of projectiles — from balls and bats to, yes, hot dogs — when watching a game.
The Supreme Court didn't necessarily dispute that argument, though it ruled that the question was one of law, not fact, and so should never have been put to a trial jury in the first place. Hence, the high court sent the case back down for reconsideration.
Article continues belowThe Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Sluggerrr remains at large.
