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Coomer v. Kansas City Royals Baseball Corp. | 437 S.W.3d 184 (2014)
Virtually every sports team has a mascot; someone in a costume, typically with an oversized cartoonish head. The mascot keeps the fans cheering during the game and entertained during breaks in play. Sometimes the mascot interacts directly with fans. But if a fan gets hurt during such an interaction, is the ball club liable for the fan’s injuries? That was the not-so-funny question considered by the Missouri Supreme Court in Coomer verses the Kansas City Royals Baseball Corporation.
A tradition at Kansas City Royals baseball games is the hotdog launch. The team’s mascot, Sluggerrr, tosses foil-wrapped hotdogs at fans from the dugout roof. Sluggerrr throws hotdogs by hand to fans close to the dugout, and he uses an air gun to launch hotdogs to fans farther away.
John Coomer regularly attended Royals’ games and was familiar with the Hotdog Launch. In September of 2009, he attended a Royals game against the Detroit Tigers. While Slugger airmailed hotdogs, Coomer turned to look at the scoreboard. While his attention was diverted, a hotdog struck him in the face.
Coomer didn’t think he was hurt, so he stayed for the rest of the game, as the Royals beat the Tigers. Coomer even returned the next night to watch the Royals do it to the Tigers again. But two days after the incident, Coomer realized something was wrong with his left eye. Eight days later, Coomer saw a doctor who diagnosed a detached retina. Coomer underwent surgeries to repair the retina.
Coomer sued the Royals. The trial court instructed the jury to determine whether the risk of being injured in the hotdog launch was a risk inherent in watching a Royals baseball game. The jury found that it was and found for the Royals. Coomer appealed to the Missouri Supreme Court.
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29 ноя 2020
