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Old 11-01-2013, 10:26 AM  
gblowfish gblowfish is offline
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Coomer The Hot Dog Douche Is At It Again!

This guy is the biggest douche in Overland Park... and that's saying something!

http://news.yahoo.com/fan-injured-ho...155248090.html

KANSAS CITY, Mo. (AP) If it had been a foul ball or broken bat that struck John Coomer in the eye as he watched a Kansas City Royals game, it's unlikely the courts would have forced the team to pay for the surgeries and suffering he's endured.

But because it was a hot dog thrown by the team mascot behind the back, no less he just may have a case.

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 also apply to injuries caused by mascots or the 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.

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.

Coomer, 53, declined to discuss the case. His lawsuit seeks an award of "over $20,000" from the team, but the actual amount he is seeking is likely much greater. Tormohlen declined to discuss the actual amount.

The Jackson County jurors who first heard the case two years ago sided with the Royals, saying Coomer was completely at fault for his injury because he wasn't aware of what was going on around him. An appeals court overturned that decision in January, however, ruling that while being struck by a baseball is an inherent risk fans assume at games, being hit with a hotdog isn't.

The state Supreme Court heard oral arguments last month, but didn't indicate when it might issue its ruling.

Few cases had addressed the level of legal duty, or obligation, a mascot owes to fans, so Coomer's case is being closely watched by teams throughout the country, said Tormohlen.

"If a jury finds that the activity at issue is an inherent and unavoidable risk, the Royals owe no duty to their spectators," Tormohlen said. "No case has extended the no-duty rule to the activities of a mascot."

The Royals, whose spokesman declined to comment on the case while it is pending, have argued that the hotdog toss has been a popular fan attraction at Kauffman Stadium since 2000 and is as much part of the game experience as strikeouts and home runs.

From mascot races and T-shirt cannons to free Wi-Fi and stadium sushi stands, teams have been doing everything they can to convince fans that the live experience is worth the high ticket and concession prices and is better than watching games on television.

"You have this competition with teams engaged in pushing the envelope trying to make the experience at the event better than what you can experience at home," said Jordan Kobritz, a professor in the Sports Management Department at SUNY Cortland. "You also have the fan mentality in which risk today is more tolerable than it's been in our history."

A ruling in Coomer's favor, or one that at least assigns partial blame to the mascot, could force teams to rethink their promotions, or at least take additional measures to keep spectators safe, Kobritz said.

Bob Jarvis, a sports law professor at Nova Southeastern University in Florida, said a 1997 California case set an important precedent when a state appeals court ruled that mascots are not an essential part of a baseball game. In that case, a minor league baseball team's dinosaur brushed against a fan, distracting him right before he was struck by a ball that broke several bones in his face. The court said mascot antics aren't essential or integral to the playing of a game.

Furthermore, not all courts have treated the baseball rule as sacrosanct. Earlier this year, the Idaho Supreme Court allowed a fan who lost an eye to a foul ball at a minor league baseball game to proceed with his lawsuit against the team. The court said that since baseball fan injuries are so rare in Idaho, there didn't seem to be a compelling reason for the court to step in.

In the Kansas City case, a ruling in the Royals' favor would indicate that mascots are, indeed, an essential part of the game experience, Jarvis said. If that happens, the Kansas City case would likely supplant Lowe's as the one attorneys look at when deciding whether to file a lawsuit on behalf of an injured fan.

"If you could get a court to go the other way and say in-game entertainment is a natural part of playing baseball in the U.S. in the 21st century, that would be a tremendous precedent that could cut off future lawsuits," Jarvis said.
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Old 11-01-2013, 12:12 PM   #31
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The Royals should have settled this quickly and quietly. Verify the injury and surgery stuff and then pay the guy's medical bills.

never should have made it this far imo
So that's what you should do? Pay for things you aren't responsible for. That sure opens the flood gates for ppl. Hey, I'll just go to a Royals game, get some free stuff. Hey my leg hurts, I'll go fall down someones stairs to get them to pay for my shit. I'm sure the Royals offered to give him something, autographed baseball, some free tickets. This guy was like, hell no, I'm going to drag this thing thru the mud.
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Old 11-01-2013, 12:16 PM   #32
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Your examples are totally ridiculous.

You're comparing cleaning up acorns to a guy getting thousands of dollars in surgeries.

And then in your second example, you talk about a guy who does something stupid then blames somebody else.

Now in this example, you're talking about natural events.

The Kansas City Royals are a business. When you are a business, you take on risks and liability, and you insure against it. As the property owner, they have an obligation to make sure that it's safe. There is a difference between a guy sprinting through Target and tripping and falling because of his own stupidity, and a guy casually walking through Target when he trips on a wet spot somebody forgot to clean up. This guy was minding his own business, the Royals engaged in an activity they knew was risky and avoidable, and the guy got injured.
Good lord. Hot dogs. HOT DOGS. Giving away hot dogs is dangerous? By going to a baseball game you assume the risk of projectiles. You assume it. And, it doesn't matter if his damages are $1 for ketchup on his shirt, or 9.7M for an injury. That should have no bearing over the liability of the situation. It has to do with a breach of duty.

Next time I catch one of sluggers hot dogs and the ketchup gets loose due to the small impact and onto my shirt. I'm going to sue the Royals for $19.95 for my t-shirt. I will not give up. I will prevail. They must pay for my stained t-shirt.
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Old 11-01-2013, 12:19 PM   #33
chiefzilla1501 chiefzilla1501 is offline
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Originally Posted by BWillie View Post
So that's what you should do? Pay for things you aren't responsible for. That sure opens the flood gates for ppl. Hey, I'll just go to a Royals game, get some free stuff. Hey my leg hurts, I'll go fall down someones stairs to get them to pay for my shit. I'm sure the Royals offered to give him something, autographed baseball, some free tickets. This guy was like, hell no, I'm going to drag this thing thru the mud.
I don't think you have any concept of how the legal system works. The Royals can't be sued because an idiot falls down the stairs, unless there was something that should have been fixed and wasn't.

And the idea that a free autographed baseball pays for thousands of dollars in surgeries and lifetime seeing impairment is a complete laugher.

It doesn't open the floodgates for anything, except for fans who get hit in the eye with projectile objects from a stadium employee being given ability to pay their medical bills.
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Old 11-01-2013, 12:24 PM   #34
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Good lord. Hot dogs. HOT DOGS. Giving away hot dogs is dangerous? By going to a baseball game you assume the risk of projectiles. You assume it. And, it doesn't matter if his damages are $1 for ketchup on his shirt, or 9.7M for an injury. That should have no bearing over the liability of the situation. It has to do with a breach of duty.

Next time I catch one of sluggers hot dogs and the ketchup gets loose due to the small impact and onto my shirt. I'm going to sue the Royals for $19.95 for my t-shirt. I will not give up. I will prevail. They must pay for my stained t-shirt.
$19.95 for a t-shirt that the team would likely replace with equal value merchandise vs. thousands of dollars in medical procedures

You can replace a t-shirt. You think the Royals are going to donate eyes to this guy? Seriously.

And you would be the first person probably that ever worried about going to the game and getting hit in the eye with a hot dog. The games I've been to, I've seen tacos dropped on very slow parachutes. I've seen t-shirt cannons that they launch upward in the air. The fact that there was any risk of injury at all puts the blame on the Royals for such a poorly planned promotion.
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Old 11-01-2013, 12:24 PM   #35
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You go to a baseball game knowing that there is a lot going on, and that it isn't the same as sitting in your Lazyboy at home.

When Slugger starts tossing hotdogs, it's not a ****ing ambush. It's pretty obvious what is happening. Had someone sprinted up behind this guy, tapped him on the shoulder, and drilled him in the face from point blank range when he turned around, that would be one thing. That simply wasn't the case here. An obvious promotion was happening. This guy knew about it. A freak accident happened, but it wasn't caused by negligence on the part of the Royals. It happened because this guy was too dumb to not get hit in the face by a hotdog.
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Old 11-01-2013, 12:32 PM   #36
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You go to a baseball game knowing that there is a lot going on, and that it isn't the same as sitting in your Lazyboy at home.

When Slugger starts tossing hotdogs, it's not a ****ing ambush. It's pretty obvious what is happening. Had someone sprinted up behind this guy, tapped him on the shoulder, and drilled him in the face from point blank range when he turned around, that would be one thing. That simply wasn't the case here. An obvious promotion was happening. This guy knew about it. A freak accident happened, but it wasn't caused by negligence on the part of the Royals. It happened because this guy was too dumb to not get hit in the face by a hotdog.
What do you mean it wasn't caused by the negligence of the Royals?

They approved a promotion that clearly had a chance of inflicting serious medical damage on a person.

And you are completely self righteous if you act like you are locked in every time something is being launched. You said it yourself. A million things are going on. You might be laughing at the guy three sections over, or looking at the scoreboard. Or looking at your program. Or putting down your beer. Or calling for the beer guy.

I mean, how old are you? The only people who lock in to the mascots are kids and parents trying to get shit for their kids. Almost everyone I know not in these categories uses intermissions to get food, get a beer, go to the bathroom, or talk to their neighbor. Nor should I feel obligated to pay extra attention to the mascot.
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Old 11-01-2013, 12:36 PM   #37
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So that's what you should do? Pay for things you aren't responsible for. That sure opens the flood gates for ppl. Hey, I'll just go to a Royals game, get some free stuff. Hey my leg hurts, I'll go fall down someones stairs to get them to pay for my shit. I'm sure the Royals offered to give him something, autographed baseball, some free tickets. This guy was like, hell no, I'm going to drag this thing thru the mud.
The guy was injured by the direct action of a Royal's employee.

so yea, you get one of your investigator guys to makes sure it's all legit and you pay 20k for the medical bills to make it go away. No court case, no legal precedence, no bad PR.

Now I imagine the Royals will have to pay more than 20k even if they win the case.

Last edited by Mr. Laz; 11-01-2013 at 12:41 PM..
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Old 11-01-2013, 12:36 PM   #38
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You go to a baseball game knowing that there is a lot going on, and that it isn't the same as sitting in your Lazyboy at home.

When Slugger starts tossing hotdogs, it's not a ****ing ambush. It's pretty obvious what is happening. Had someone sprinted up behind this guy, tapped him on the shoulder, and drilled him in the face from point blank range when he turned around, that would be one thing. That simply wasn't the case here. An obvious promotion was happening. This guy knew about it. A freak accident happened, but it wasn't caused by negligence on the part of the Royals. It happened because this guy was too dumb to not get hit in the face by a hotdog.
Were you a witness to this incident?

IMO, if Slugerr threw the hot dog behind his back into an area where nobody was clamoring for hot dogs, the Royals ought to be liable.

The times I have seen the hot dog throws. I have never seen one get past all of the people trying to catch it.

The fact that this hot dog hit this guy in the eye when he was not looking indicates one or two things that suggest negligence by the mascot. That nobody else around him was trying to catch the hot dog. Or, that the throw's speed and trajectory was not appropriate for the distance of the throw because none of the people who were trying to catch it were able to.

I enjoy going to the Royals games, but there is way too much sensory overload between innings. They have some loud nonsense going on between every inning. I could see how a regular attendee of the games would learn to tune that sh*t out to maintain his sanity.
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Old 11-01-2013, 12:39 PM   #39
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Originally Posted by chiefzilla1501 View Post
I don't think you have any concept of how the legal system works. The Royals can't be sued because an idiot falls down the stairs, unless there was something that should have been fixed and wasn't.

And the idea that a free autographed baseball pays for thousands of dollars in surgeries and lifetime seeing impairment is a complete laugher.

It doesn't open the floodgates for anything, except for fans who get hit in the eye with projectile objects from a stadium employee being given ability to pay their medical bills.
I understand how the legal system works, I used to work with these types of incidents all the time. I saw cases go to court, the outcomes, worked with attorneys, completed depositions. What I am saying, is there is no breach of duty on the Royals. I'm just saying, the type of people that sue for this kind of shit, also sue for the other stuff I mentioned.
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Old 11-01-2013, 12:42 PM   #40
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Originally Posted by Mr. Laz View Post
The guy was injury by the direct action of a Royal's employee.

so yea, you get one of your investigator guys to makes sure it's all legit and you pay 20k for the medical bills to make it go away. No court case, no legal precedence, no bad PR.

Now I imagine the Royals will have to pay more than 20k even if they win the case.
I agree, but it may be the case that the Royals insurer is the one paying the freight and refusing a settlement. I imagine the plaintiff's demand would be reasonable after losing the first verdict, even if there was error in the jury instructions.

Would be interesting to know if Coomer's health insurer has a lien on any recovery for the amount attributable to medical expenses?
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Old 11-01-2013, 12:45 PM   #41
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I agree, but it may be the case that the Royals insurer is the one paying the freight and refusing a settlement. I imagine the plaintiff's demand would be reasonable after losing the first verdict, even if there was error in the jury instructions.

Would be interesting to know if Coomer's health insurer has a lien on any recovery for the amount attributable to medical expenses?
I'm only going by the information we have.

but this isn't good for the Royals

If he was injured like the article suggests and his monetary demands are inline when the medical injuries then just PAY it and move on.

legal bills will be more
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Old 11-01-2013, 12:46 PM   #42
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I understand how the legal system works, I used to work with these types of incidents all the time. I saw cases go to court, the outcomes, worked with attorneys, completed depositions. What I am saying, is there is no breach of duty on the Royals. I'm just saying, the type of people that sue for this kind of shit, also sue for the other stuff I mentioned.
When you start throwing objects at people, there should be a breach of duty. Should you evaluate the way the hot dog is wrapped? Should you throw it higher in the air? Pretty sure that throwing behind your back is just nonsense.
I get your point if you're talking about a simple slip and fall where somebody is trying to milk the system for a made up injury. This guy sounds like he has legit medical injury that he had to pay for.

What if this was a 5 year old kid with no coordination? A baseball team shouldn't do this kind of promotion if they haven't thought through the risks. They absolutely had a breach of duty the instant they approved of this promotion.
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Old 11-01-2013, 12:46 PM   #43
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Originally Posted by Saul Good View Post
You go to a baseball game knowing that there is a lot going on, and that it isn't the same as sitting in your Lazyboy at home.

When Slugger starts tossing hotdogs, it's not a ****ing ambush. It's pretty obvious what is happening. Had someone sprinted up behind this guy, tapped him on the shoulder, and drilled him in the face from point blank range when he turned around, that would be one thing. That simply wasn't the case here. An obvious promotion was happening. This guy knew about it. A freak accident happened, but it wasn't caused by negligence on the part of the Royals. It happened because this guy was too dumb to not get hit in the face by a hotdog.
Yeah, exactly.
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Old 11-01-2013, 12:51 PM   #44
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You sir, should take responsibility for your own actions. If you were hit by a foul ball, still want Royals to pay for it? I bet you are the kind of guy that when you are at your friends house, you fall down his stairs, injuring yourself, and you expect him to pay for it. The kind of guy that has an acorn fall off of your neighbors tree, and you send a invoice to your neighbor for clean up. The kind of guy that slams into the back of a caravan full of illegal immigrants, injures all of them, but yells at them for your damage because they don't have insurance.
Omg. Get a grip. I would never try and hurt a friends wallet with bullshit. The Royals are not this guys buddy. He is permanently damaged and should get all he can for his trouble. Life is alog easier when you have money, just ask anyone who doesn't have any.
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Old 11-01-2013, 12:52 PM   #45
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