Take Me Out to the Courthouse · Foul Territory
Eyes on the Chicken
Harting v. Dayton Dragons Professional Baseball Club, L.L.C. (2007)
Charge: Negligence - fan hit by a foul ball while watching a hired costumed entertainer (suit against the club)Court: Ohio Court of Appeals, Second DistrictDocket: Foul Territory
Did the club's hired entertainment make it liable for her foul-ball injury?
The facts
A fan sat in the front row along the third-base line at a minor-league game. That night the club had hired a famous traveling costumed entertainer to perform. In the sixth inning a foul ball struck her in the head and knocked her unconscious. She admitted she had been watching the costumed act instead of the batter. She sued, arguing that the club's hired entertainment distracted her and so she should not be treated as having assumed the risk.
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: Harting v. Dayton Dragons Professional Baseball Club, L.L.C., 171 Ohio App.3d 319, 2007-Ohio-2100
Read more at supremecourt.ohio.gov. The source reveals the outcome.