A man who sued the Kansas City Royals because mascot Sluggerrr pegged him with a hot dog in 2009 -- causing damage to his eye -- is back in business. He lost his case originally, but it says right here that a new court had a different take on things and will allow him to go forward with his appeal.
Per the Riverfront Times, the essence of the argument is this:
When a man enters a baseball stadium, is he not in essence resigning himself to the possibility of grievous bodily harm by hot dog?
And how was that parsed out by the court?
The Royals, however, argue that the Hotdog Launch was a customary activity at the games, and Mr. Coomer thus acquiesced to the risk by attending the game. It asserts that Mr. [John] Coomer testified that he had probably been to 175 baseball games at Royals Stadium, Mr. Coomer saw promotional items thrown at baseball games, and he knew it was part of the experience. He had also specifically seen the Hotdog Launch...We agree that these facts point to a conclusion that the Hotdog Launch was a customary activity at Royals games. That the launch was a customary activity, however, does not equate to a patron's consent to the risks of being hit by a promotional item. Inherent risks are those that inure in the nature of the sport itself.
If Coomer ends up winning, what will it mean for the tossing and shooting of hot dogs at future sporting events? That is a question we are not quite yet prepared to ponder.
