Bennick, Hostetler, Becker, McCullen
Huspeni
Grisim v.
Johnson
Tapemark Charity Pro-Am Golf Tournament
Turner
Illinois Appellate Court, 1st Dist., 1st Div.
O'Connor
Eagen, O'Brien, Roberts, Nix, Manderino, Larsen
McDaniel, Richli , Ward
California League of Professional Baseball
Jasen
Parker, Huspeni, Randall
Bender
Gibbons, Cherry, Douglas
Judicial notice taken of risk of foul ball injury at baseball games being common knowledge, even where plaintiff claims little interest in the sport. Trial court reversed.
Dunn, Sam Bass and Cohen
Philadelphia County Court of Common Pleas
Bennick
Rountree v. Boise Baseball Club
Coomer v. Kansas City Royals
Bryant, Burke, Lyons,
Scariano, Hartman, DiVito
Dayton Dragons Professional Baseball Club
J. Jones
Cooke, Gabrielli, Jones, Wachtler, Jasen, Fuschberg, Meyer
Triable issue of fact existed as to whether defendant golf course had provided adequately safe seating in case brought by plaintiff injured by errant ball who sat elsewhere when seating provided was too crowded.
Mascot antics are not intrinsic part of baseball as game; limited-duty "baseball rule" therefore does not bar claim by spectator injured by errantly tossed hot dog
California Courts of Appeal, Fourth District, Division 2
Schentzel v.
Missouri Court of Appeals, Kansas City Division
Chicago National League Ball Club
Glens Falls City School District
Dunn
Zazzali
Brisson v.
Maytnier v. Rush
Distraction by mascot's antics at baseball game was inherent risk of game that barred recovery by plaintiff for injuries from foul ball
torts
Rule that baseball teams must provide some protected seating areas to be immune from liability over foul ball injuries to spectators is adequate under comparative negligence
v. Kansas City Baseball & Exhibition Co.
Akins v.
Rhodes, Hirt, Reno, Dithrich, Ross, Arnold and Gunther
Friedman v.
Foul Balls in Japan: Real Sports Bonus Clip from HBO, showing foul ball protection in Japan's Tokyo Dome
Cooke
Whether baseball team had adequate protected seats available, and whether spectator injured by foul ball was adequately warned by team given distractions at game is a triable issue of fact for jury even if dangers of such injury are open and obvious
Cohen
Lowe v.
Minneapolis Baseball & Athletic Association
Grimes v.
Baseball Rule
Ross
Musmanno, Bender, Olszewski
U.S. tort law rule limiting sports teams liability for injuries from balls that strike spectators
Gabrielli, Jones, Wachtler
Donovan, Fain, Grady
Edling
Coronel v. Chicago White Sox
Lyons
Construction of temporary benches at baseball park from which foul ball bounced and injured spectator increased risk of injury; park was thus in breach of its duty of reasonable care.
Rudnick v. Golden West Broadcasters
Adoption of rule limiting duty of baseball teams to spectators injured by foul balls is properly left to the legislature
Limited-duty rule for baseball teams bars recovery by plaintiff injured by foul ball while sitting at table in unprotected stadium dining area with view of game.
Illinois Appellate Court
Waiver language printed on rear of baseball ticket is insufficient for contractual assumption of risk defense against negligence claim over spectator's foul ball injury
Injury from errantly thrown baseball is sufficiently different from one caused by foul ball as for sufficiency of protection against risk to be a triable question of fact; usual immunity from liability for baseball teams does not apply.
Fuschberg, Meyer
Roberts
Harting v.
Yates v.
Jones v.
Houston Sports Association
Maisonave v. Newark Bears
Cook County Circuit Court
O'Connor, Campbell and Manning
Olszewski
No valid public policy reason exists for adopting limited-duty "baseball rule" in cases of spectators injured by foul balls
Cahill, Cerda, McBride
Jackson County Circuit Court
Burdick, Eismann, J. Jones, W. Jones and Horton
Baseball Facility Liability Act limiting teams' liability for injuries to spectators from foul balls was constitutional since it recognizes unique nature of hazards of viewing baseball
Jasper v.
Massa
Baseball team had duty to spectators to provide some seats screened from foul balls at games but not to screen all seats; spectator who chose to sit in unprotected seats when protected ones were available was contributorily negligent to his own injury by a foul ball and could not recover.
California Court of Appeals, 4th District, Division 3
Limited-duty rule for baseball teams bars recovery for injury from ball thrown into stands as souvenir by player, since it was a routine aspect of game even if not necessary for play
Cahill
Rule limiting liability of baseball teams for foul ball injuries applies only when spectators are injured while in seating areas; plaintiff injured while walking on stadium concourse was not incurring ordinary risks of watching game
Baseball team was negligent in not properly maintaining screen that kept foul balls from entering section of stands; spectator injured when foul passed through a hole in the screen was not contributorily negligent for not being able to avoid ball's path.
Trial court upheld.
Kansas City Baseball & Exhibition Co.
St. Louis Circuit Court
Three Rivers Management Corporation
Baseball team owes spectators reasonable care in protecting them from foul balls; standard is met by screening seats behind home plate and making enough available to accommodate reasonable demand for protected seats
Baseball team mascot's physical contact with spectator injured by foul ball increased inherent risk of such injury; summary judgement for team was thus improperly granted
Paraguirre
Wallace
Pa. Court of Common Pleas for Philadelphia County
Appellate Court of Illinois, 1st Dist., 3rd Div.
Chicago National League Baseball Club
Comparative negligence does not create a duty for baseball teams to warn spectators of possibility of injuries from foul balls
Limited-duty rule for baseball teams regarding injuries to spectators from foul balls adequately balances their interests
McDaniel
Scariano
American League Baseball Club
Rivera-Soto, LaVecchia
Edward v. City of Albuquerque
Donovan
South Shore Baseball LLC v. DeJesus
Crane v.
Loughran v. The Phillies
Limited-duty rule on baseball teams' liability for spectators' foul ball injuries applies only when spectators are injured in seating areas
Unanimous
J. Johnson
Philadelphia National League Club
While baseball rule limiting teams' liability in foul ball injuries to spectators remains intact under comparative negligence, whether defendant provided adequate protected seating to meet rule's conditions is a triable issue of fact
v. Mandalay Sports Entertainment LLC
right