MO Supreme Court says Sluggerrr can be sued for shooting hot dogs

[banyon]

Court: Fan hit by hot dog from Royals mascot Sluggerrr gets new trial
By MARIA SUDEKUM
Associated Press
Published Tuesday, June 24, 2014, at 4:56 p.m.
Updated Wednesday, June 25, 2014, at 9:31 a.m.


http://media.kansas.com/smedia/2014/06/24/17/50/386-FbIdu.Em.55.jpeg
FILE - In this Aug. 24, 2009 file photo, Kansas City Royals mascot "Sluggerrr" throws hot dogs into the crowd during a baseball game in Kansas City, Mo. The Missouri Supreme Court ordered Tuesday, June 24, 2014, for a new trial for a Kansas City Royals fan injured by a hot dog tossed by the team mascot.
Appeals court reinstates lawsuit over Royals’ hot dog toss

KANSAS CITY, Mo. — In a ruling that could force sports teams to reassess how their mascots interact with spectators, the Missouri Supreme Court on Tuesday ordered a new trial for a Kansas City Royals fan who was injured by a hot dog tossed at a baseball game.

The state's highest court said in a unanimous ruling that a legal standard called the baseball rule, which protects teams from being sued over fan injuries caused by events on the field, court or rink, didn't apply to a mascot tossing hot dogs to fans in the stands.

The state Supreme Court said the risk of being injured by a tossed hot dog is not an inherent risk of watching a baseball game.

"That risk is no more inherent in watching a game of baseball than it is inherent in watching a rock concert, a monster truck rally, or any other assemblage where free food or T-shirts are tossed into the crowd to increase excitement and boost attendance," the court said in its 36-page ruling.

John Coomer of Overland Park, Kansas, said he was injured at a 2009 Royals game when the team's mascot, Sluggerrr, threw a wrapped hot dog into the stands, striking Coomer in the eye. Coomer had two surgeries, including one to repair a detached retina. He was seeking compensation in excess of $20,000 from the team.

The Missouri Supreme Court ruling said a jury that first heard the case and sided with the Royals were improperly instructed to consider whether the risk of the injury from the mascot was an inherent risk of watching the game.

"No such argument applies to Sluggerrr's hotdog toss," the ruling said. "Millions of fans have watched the Royals (and its forebears in professional baseball) play the National Pastime for the better part of a century before Sluggerrr began tossing hotdogs, and millions more people watch professional baseball every year in stadiums all across the country without the benefit of such antics."

However, Royals attorney Scott Hoffer said another jury may still rule for the Royals. Hofer noted that the jury at the first trial found Coomer was at fault because he wasn't aware of what was going on around him.

"Notably, the Supreme Court did not say the jury was wrong when it assigned Mr. Coomer 100% of the fault," Hofer said. "We don't see how what the Supreme Court did will affect how a jury views this case."

Bob Tormohlen, who represented Coomer, said he was pleased with the ruling.

"It's always good to win," Tormohlen said. He said he hadn't yet discussed the decision with Coomer.

Randy Maniloff, a Philadelphia lawyer who often writes about cases involving sporting event spectators, said he was surprised by the decision. He said the ruling could force sports teams to rethink how mascots in the stands interact with spectators.

"The mascots have a lot of interactions with fans, and now the question becomes: Will the teams have to take a step back and look at what their mascots are doing, and are they going to change their activities?" he said.

http://www.kansas.com/2014/06/24/3524282/court-royals-fan-hit-by-hot-dog.html

[banyon]

Here is the opinion:

http://www.courts.mo.gov/file.jsp?id=74718

[loochy]

You know who WON'T sue?

Michael Sam:

http://i1262.photobucket.com/albums/ii606/timbone64/LBEmVtr_zpsd7dbad7c.gif

[Dayze]

:facepalm:

*edit*....facepalm not at you; at the OP article.

[ModSocks]

Damn, a detached retina from a hotdog to the face?

I hope my wife never hears about this.

[Chief_For_Life58]

maybe he should sue his parents for giving him such shitty eye hand coordination instead

[cosmo20002]

The Royals are being wieners about this.


Seriously though, they are being dicks. You can't expect people to pay 100% attention, especially between innings. Are you never allowed to turn your fucking head? You throw shit into a crowd, there's a chance someone who's not looking might get nailed. It's not like he's bitching about a little boo-boo. He had a detached retina and needed two surgeries.

[Dayze]

thankfully he wasn't shooting monster jaw breakers.

....or my wife's meat loaf.

[KCUnited]

I've eaten a bowl of Grape-Nuts that were softer than one of those dogs.

[loochy]

I've eaten a bowl of Grape-Nuts that were softer than one of those dogs.

thats what she said

[Hammock Parties]

http://cdn.superbwallpapers.com/wallpapers/meme/i-dont-want-to-live-on-this-planet-anymore-11372-1024x768.jpg

[BWillie]

I kinda want to take a flaming shit on this guys porch in Overland Park. Just let it go bro. Pay attention when you go to Royals games, end of story. Theres a giant human sized lion throwing hot dogs, free hot dogs at you, and you failed to pay attention. It's a sporting event. Go to a dog show bro, go to a dog show.

[Pitt Gorilla]

Well, there goes that fun promotion.

[Eleazar]

It says he tossed the hot dog. How could the tossed hot dog detach a retina? If he fired it out of that gun straight at you, sure, I could believe it then.

[Dayze]

maybe Slugggr could fire off some cotton candy into the crowd.
or tampons.

[Chief_For_Life58]

http://rocksucker.co.uk/wp-content/uploads/2013/02/fat-kid-football-to-_the-face.gif

[KCUnited]

On a side note, what's with people going bananas over a 2 day old hotdog? It's not like they're throwing Sheboygan's or Orange Chicken out there, it's a bottom of the barrel hotdog. It's more embarrassing than starting the wave.

[Dayze]

that must have been a pass from Cassel.

[ChiefsCountry]

http://blogs.riverfronttimes.com/dailyrft/Sluggerrr%20stripper%20close%20crop.jpg

[Strongside]

I remember seeing Sluggerrr throw hot dogs straight up in the air, causing fans to look up and try to catch them. While the fans were looking up, Sluggerrr would launch line drives into the crowd, smoking the fans in the chest, face, whatever. No bullshit. This was about 10 years ago and I thought it was the greatest thing I'd ever seen at a baseball game.

[BWillie]

It says he tossed the hot dog. How could the tossed hot dog detach a retina? If he fired it out of that gun straight at you, sure, I could believe it then.

Oh, I believe it. Shit can happen, doesn't meant the Royals are liable though.

[ModSocks]

Oh, I believe it. Shit can happen, doesn't meant the Royals are liable though.

Why wouldn't they be liable? It's their employee....at their venue....doing something authorized by them.....

It's a tough situation. Something that seems so innocent and fun and part of the game....but then someone loses a retina....

It's not like the guy is suing because he got hot dog water on him....he practically lost a freaking eyeball.

[Pepe Silvia]

How embarrassing would it be to lose your eyeball cause of a fucking hot dog?

[Dayze]

I'd just tell people i lost it in a bar fight.

[ModSocks]

Is he suing just to get rich or just to have the Royals pay for his surgeries?

[Pepe Silvia]

I'd just tell people i lost it in a bar fight.

Tell them Oscar Meyer did it.

[ModSocks]

I'd just tell people i lost it in a bar fight.

Or fighting terrorists who were burning a puppy wrapped in an American Flag in an alley and were about to rape a little girl.

[Dayze]

Tell them Oscar Meyer did it.

LMAO

he's a lot meaner than he looks.

[banyon]

It says he tossed the hot dog. How could the tossed hot dog detach a retina? If he fired it out of that gun straight at you, sure, I could believe it then.

Having watched this promotion many times and having survived it without injury, I can say that Sluggerrr goes through two distinct phases of hot dog distribution during the inning break. First, he takes his large hot dog cannon and fires it into the upper decks:

http://doubledaylaw.com/wp-content/uploads/2013/11/slugger.jpg

But then his assistant have to reload the hot dog cannon. While they are doing that, he tosses more hot dogs into the lower levels. (shown in photo in OP)


He describes the care he takes to do that in his testimony in the opinion:

The Royals employee who portrays Sluggerrr testified at trial he did not remember the throw that allegedly injured Coomer. He admitted that the Royals had given him no specific training on how to toss hotdogs, but testified that he was aware that fans could be hurt and that he was careful in making his tosses. For example, when a fan is seated nearby, Sluggerrr said he tries to make eye contact before tossing a hotdog so that the fan will know it is coming and – if the fan is seated near enough – tries to throw the hotdog in
an arc to make it easier to catch.

In addition to hearing Sluggerrr’s testimony and Coomer’s description of the incident, the jury heard testimony from another fan who claimed to have been injured by a hotdog toss from Sluggerrr under similar
circumstances.

[tooge]

Its all fun and games until someone gets an eye poked out

[Dayze]

Having watched this promotion many times and having survived it without injury, I can say that Sluggerrr goes through two distinct phases of hot dog distribution during the inning break. First, he takes his large hot dog cannon and fires it into the upper decks:

http://doubledaylaw.com/wp-content/uploads/2013/11/slugger.jpg

:

guy in the white looks like he was shot multiple times.

[KCUnited]

He fired one into the upperdeck back in '08 or '09; no joke, it broke apart in mid-air. I caught the bun and the dude like 1 row up and 5 seats down caught the dog. We made eye contact and the dude just shoves the dog down down his gullet all fast like I was going to try and ask him for it.

[alnorth]

I'm fine with this ruling. When you attend a baseball game it is well understood that you must pay attention for flying balls or bats during the game. (or pucks in hockey, the ball in basketball, etc)

It is not generally understood at all that we should beware of crap being thrown by the mascot in-between innings. Does that mean that the Royals and Sluggerrr should stop throwing stuff? Well, no they just need to realize that it is a small liability and buy insurance for it if they think they need it. Its usually fine but once in a blue moon you'll hit someone who has an eggshell head or an employee won't follow proper hotdog-tossing protocol and you'll be sued for it. Just pay the hospital bill and a little something extra and move on.

[Dayze]

i say let the fans and the Royals organization slug this one out on their own.

[Kansas City Kid]

How about just getting rid of all mascots and other stupid bullshit and stick to a baseball game? At Kauffmann they even have to tell the fans when to be loud and cheer. All part of the pussification of the country.

[Dayze]

will they still have the ketchup, mustard, and relish races?

[loochy]

How about just getting rid of all mascots and other stupid bullshit and stick to a baseball game? At Kauffmann they even have to tell the fans when to be loud and cheer. All part of the pussification of the country.

when the royals start winning consistently enough to draw crowds without needing that stuff

[BWillie]

Im confused, the guy didnt win yet did he? It appears he just gets another trial with a jury, and they may or may not agree with the prior ruling that sided with the Royals

[highBOLTage]

Mini parachutes on the hot dogs.

[Dayze]

Mini parachutes on the hot dogs.

now we're talkin'.
:thumb:

they could play some cool Apocolypse Now music

[Prison Bitch]

You know who WON'T sue?

Michael Sam:

http://i1262.photobucket.com/albums/ii606/timbone64/LBEmVtr_zpsd7dbad7c.gif

ROFL

[teedubya]

These hotdogs are days old leftover nasty ass hotdogs. We should sue them for giving them away.

[Donger]

I thought Katipan was the one who took a wiener in the eye?

[Dayze]

I went to a 'dollar' night with the wife a few years back. I swear to Christ the hot dogs went directly from package to serving. no joke. zero warmth whatsoever.....

.....and yeah, i ate 3 of them.

[Dayze]

little known fact, Michael Jackson didn't die of a pre-meditated drug overdose. he died of food poinsoning. Doctors disovered he had injested a 12 year old wiener.

[loochy]

I thought Katipan was the one who took a wiener in the eye?

Yeah, but she wanted it.

[banyon]

Im confused, the guy didnt win yet did he? It appears he just gets another trial with a jury, and they may or may not agree with the prior ruling that sided with the Royals

No. He lost the first jury trial, but the Court said the instructions were wrong, so he gets a new trial.

The new jury will be instructed as follows:

Instead, it is up to the jury to decide: (1) whether Sluggerrr injured Coomer by hitting him with a hotdog, and (2) whether Sluggerrr was negligent in doing so. If so, the jury is entitled to hold the Royals liable for Coomer’s damages, and the jury is entitled to reduce those damages by whatever percentage of fault the evidence shows should be assessed to Coomer

[mikeyis4dcats.]

I believe he is only suing to cover his medical expenses. I have no issue with the suit, as mentioned, you expect to be on the lookout for bats and balls, not torpedoed in the eye by a hot dog cannon.

[mr. tegu]

I can't help but laugh at the fact that in all of these write ups they have to actually write out "Sluggerrr" or Sluggerrr's" each time.

[Pepe Silvia]

If they shot out dildos instead of hot dogs would they still be sued?

[Kansas City Kid]

No, but Iowanian and Hog Farmer would buy season tickets.

[chiefzilla1501]

If this is true, how can anyone not back the guy who got injured?

Sounds like sluggerrr was tossing shit behind his back and throwing it pretty hard. Even if a person was paying attention, he probably would have gotten pegged. No guy is going to lose his eye on a soft toss. Either he was tossing it way too hard or they didn't bubble wrap it the way they should. In either event,it is preposterous to suggest that fans have the responsibility to pay attention to a promo between innings.

[alnorth]

If this is true, how can anyone not back the guy who got injured?

Sounds like sluggerrr was tossing shit behind his back and throwing it pretty hard. Even if a person was paying attention, he probably would have gotten pegged. No guy is going to lose his eye on a soft toss. Either he was tossing it way too hard or they didn't bubble wrap it the way they should. In either event,it is preposterous to suggest that fans have the responsibility to pay attention to a promo between innings.

yeah, I read that is how it happened and I've seen Sluggerrr do it a few times at the K before this lawsuit (after which, he obviously quit doing it).

Basically it was a joke where he has one last hot dog or one last t-shirt and he's looking around seeing who is cheering the loudest for it, then he'd line up to toss it to the winner except woops, he'd whip it to someone else behind his back as if to say "haha, you thought you were gonna get it, but nope!"

Its a fine bit of mascot hilarity, but if you are the one who the mascot has his back to and isn't even looking at, you aren't expecting him to whip the hotdog at you.

I definitely believe the guy when he says thats how it happened, because I've seen it.

[Simply Red]

guy in the white looks like he was shot multiple times.

he posts here.

[Pasta Little Brioni]

He fired one into the upperdeck back in '08 or '09; no joke, it broke apart in mid-air. I caught the bun and the dude like 1 row up and 5 seats down caught the dog. We made eye contact and the dude just shoves the dog down down his gullet all fast like I was going to try and ask him for it.

ROFL

[Pasta Little Brioni]

he posts here.

pete?

[a pp roach]

i'm sure it's already been mentioned:

baseball fans...lol - you go to the game and there's a chance a baseball or a fucking bat could slam you in the face. if you don't want to risk that, don't go.

[Pasta Little Brioni]

Yeah but some dude in a costume slinging a stale hot dog at high speed is a totally different circumstance

[Just Passin' By]

i'm sure it's already been mentioned:

baseball fans...lol - you go to the game and there's a chance a baseball or a ****ing bat could slam you in the face. if you don't want to risk that, don't go.

Yes, pay attention to the bat, because you won't be covered. Take a hot dog to the melon because you're not paying attention or you can't catch for shit, though, and get some money.

:banghead:

I swear that judges sometimes hand down retarded decisions just to **** with people.

[alnorth]

i'm sure it's already been mentioned:

baseball fans...lol - you go to the game and there's a chance a baseball or a fucking bat could slam you in the face. if you don't want to risk that, don't go.

Yes, pay attention to the bat, because you won't be covered. Take a hot dog to the melon because you're not paying attention or you can't catch for shit, though, and get some money.

:banghead:

I swear that judges sometimes hand down retarded decisions just to **** with people.

Why in the hell do I need to pay attention to the damned mascot in between innings? I'm there to watch the game, if I want to quickly check my phone after the 3rd out or during the sing-along, thats my business.

[Pasta Little Brioni]

Why in the hell do I need to pay attention to the damned mascot in between innings? I'm there to watch the game, if I want to quickly check my phone after the 3rd out or during the sing-along, thats my business.

This. The dude is losing his fucking eye because of a stale hot dog. He damn well deserves to have his medical expenses covered.