Extra Innings · Beanballs & Bleachers
First Game, Second Row
Gunther v. Charlotte Baseball, Inc. (1994)
Charge: Negligence - first-time fan struck in the face by a foul ball in the second row behind third base (suit against the minor-league club)Court: U.S. District Court for the District of South CarolinaDocket: Beanballs & Bleachers
Does a first-time baseball spectator assume the risk of being hit by a foul ball, barring her claim against the club?
The facts
A 37-year-old woman attended her first live baseball game in 1990 at a newly opened minor-league stadium. She sat in the second row of bleachers behind third base. A foul ball struck her in the face, causing severe injuries. Foul balls had previously shattered press-box glass at the new park. She had little baseball experience but admitted knowing players 'hit it hard.'
You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.
Citation: Gunther v. Charlotte Baseball, Inc., 854 F. Supp. 424 (D.S.C. 1994)
Read more at law.justia.com. The source reveals the outcome.