September 2014 - Parks & Recreation - 38

Pet Waste Pick-up Tool

court also rejected DeJesus' argument that South Shore
had a legal duty " to provide protective screening continuously from first to third base. "
A stadium protected in all its areas would prove financially
disastrous to management and would outrage many devotees
of baseball who like to watch the game without obstruction.
Having rejected adopting the traditional Baseball Rule,
the Indiana Supreme Court considered DeJesus' negligence claim under the following general principles governing premises liability:
A possessor of land is subject to liability for physical
harm caused to his invitees by a condition on the land if,
but only if, he
(a) knows or by the exercise of reasonable care would discover the condition, and should realize that it involves an
unreasonable risk of harm to such invitees, and
(b) should expect that they will not discover or realize the
danger, or will fail to protect themselves against it, and
(c) fails to exercise reasonable care to protect them against
the danger.
Restatement (Second) of Torts § 343 (1965).
Applying this " well-known rule " to the facts of the case,
under the circumstances of this particular case, the state
supreme court found " South Shore would have had no
reason to believe DeJesus would not realize the danger or
that she would not protect herself against it. "
Both parties agree that South Shore notified DeJesus of
the danger of foul balls by printing a warning on her ticket,
posting a sign in the aisle near her seat and making an
announcement over the loudspeaker before the beginning of
the game...DeJesus testified she had seen foul balls enter
the stands at RailCats games before. She even admitted she
knew, when she was sitting in her seat, " there could be a
chance that the ball could come that way. "
As a result, the state supreme court found " the trial
court should have granted South Shore's motion for summary judgment. "
KC Royals Hot Dog
In the case of Coomer v. Kansas City Royals Baseball Corp.,
2014 Mo. Lexis 154 (Mo. 6/24/2014), plaintiff John
Coomer was injured when he was hit in the eye with a hot
dog thrown by " Sluggerrr, " the Kansas City Royals mascot. A jury found in favor of the Kansas City Royals, and
Coomer appealed. The issue before the state supreme court
was " whether the risk of being injured by Sluggerrr's hotdog toss is one of the inherent risks of watching a Royals
home game that Coomer assumed merely by attending. "

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September 2014 - Parks & Recreation

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