University:
University of the People
Course:
BUS 5115 | Business Law, Ethics and Social Responsibility
Academic year:

2020
Views:

193

Pages:

1
Author:

Kaiden Murphy

Coomer v Kansas City Royals Baseball Corp Statement of Facts: On September 8th, 2009, John Coomer and his father attended an MLB game with the Kansas City Royals vs the Detroit Tigers at the Royals stadium. Due to a lack of attendance, Coomer and his father moved up closer to the visitors dugout. At every Royals home game the mascot, Sluggerrr, launches hot dogs from the visitors dugout and tosses them to the fans sitting closer to him. While he was getting his gun reloaded Coomer noticed that Sluggerrr turned his back to the fans causing him to think he might throw one facing backwards. This is the moment that Coomer chose to look at the scoreboard when he suddenly felt something hit his face with a lot of force. In the next few days Coomer noticed his seeing was slightly different and went to an eye doctor. The doctor told him he had a detached retina and had to undergo surgery. Coomer sued the Kansas City Royals for, among other things, negligence (Sluggerrr’s careless acts, which were KC responsibility to oversee). Royals did not deny responsibility for Sluggerrr’s act but denied negligent acting and stated that Coomer accepted the risk by buying those seat tickets. The theory is known as implied primary assumption of risk. Procedural History: Jury rules in favor of royals, Coomer appeals. In the past, the court had ruled that spectators cannot sue a baseball team for injuries caused by a ball or bat when it enters the stands. Such risks are unavoidable. However, the risk of getting hit by a hotdog is not an unavoidable part of watching a KC Royals game. That risk is no more inherent in watching a rock concert or any other assembly where free food or tshirts are tossed. Baseball Rule: when a game is conducted under normal circumstances, it is not negligent to fail to protect all seats in the park by wire netting. No duty rule: if an invitee knows of the condition or hazard there is no duty in the proprietor to warn him and therefore no liability. Baseball Rule with Mascotts (Lowe v California League of Prof. Baseball): Home team owes a duty not to alter or increase risk. In this instance, the mascot was not present at every game and was not an essential part to playing the actual game. Issues: If Coomer was injured by a risk that is inherent to playing the game of baseball then KC Royals will not be responsible because Coomer took on the risk himself. However, if Coomer’s injury resulted from a noninherent part of baseball- or the negligence of the Royals altered or increased the risk- then the Royals would be liable for such negligence. Holding: The court vacates the judgement and remands the case. Reasoning: The court found that the Sluggerrr’s hotdog toss was not an essential part of baseball that would alter the sport or take away from fans enjoyment if they got rid of his tradition. The Royals had millions of fans before Sluggerrr’s started this tradition showing that this had no significant effect on the fans enjoyment of watching baseball there.