Sports
Fan Sues KC Royals Over Flying Hot Dog Incident
fan sues kc royals
Kansas City Royal’s mascot Sluggerr may have put a little too much mustard on a hot dog he pitched into the crowd during a team promotional “hot dog toss.”
In Sept. 2009, Royals fan John Coomer was allegedly struck by a 4 ounce foil wrapped hot dog tossed in the stands by Sluggerr. Coomer is suing the team for surgical expenses to repair a detached retina and an artificial lens implant.
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Coomer, of Overland Park, Kan., says he was injured at a September 2009 Royals game when the team’s lion mascot, Sluggerrr, threw a 4-ounce, foil-wrapped wiener into the stands that struck his eye. He had to have two surgeries — one to repair a detached retina and the other to remove a cataract that developed and implant an artificial lens. Coomer’s vision is worse now than before he was hurt and he has paid roughly $4,800 in medical costs, said his attorney, Robert Tormohlen.
Hearing the case is the Missouri Supreme court which overturned a lower court decision to uphold the “baseball rule”, and that Coomer was simply unaware of what was going on around him.
The “baseball rule” states that the court will not entertain suits filed by fans injured by foul balls, broken bats, or anything that is included in the essential “game experience.” The question the court will address is whether a team mascot or any other attraction or promotion is part of the game experience.
The Missouri Supreme Court is weighing whether the “baseball rule” — a legal standard that protects teams from being sued over fan injuries caused by events on the field, court or rink — should apply to injuries caused by mascots or other personnel that teams employ to engage fans. Because the case could set a legal precedent, it could change how teams in other cities and sports approach interacting with fans at their games.
The Royals claim no liability in this case because, for ten years the “hot dog toss” has been a fan favorite and is part of the game experience. If the court rules otherwise, all sports teams will have to rethink their field promotional activities.
On The Web:
Fan injured by hot dog suing Kansas City Royals despite ‘baseball rule’
http://www.foxnews.com/us/2013/11/01/fan-injured-by-hot-dog-suing-kansas-city-royals-despite-baseball-rule/
Fan suing Kansas City Royals over hot dog injury
http://www.examiner.com/article/fan-suing-kansas-city-royals-over-hot-dog-injury
Fan’s case against Royals over bizarre hot dog injury is headed for the Missouri Supreme Court
http://ftw.usatoday.com/2013/11/fans-case-against-royals-over-bizarre-hot-dog-injury-is-headed-for-the-missouri-supreme-court/
http://espn.go.com/mlb/story/_/id/9911944/fan-injured-hot-dog-thrown-mascot-suing-kansas-city-royals