Seventh-Inning Stretch · Heads Up!
Over the Top of the Screen
Leek v. Tacoma Baseball Club, Inc. (1951)
Charge: Negligence - foul ball dropped over the screen onto a fan in a protected seat (suit against the club)Court: Supreme Court of WashingtonDocket: Heads Up!
Must a club that screens the seats behind home plate also cover them against balls dropping over the top?
The facts
A 65-year-old fan sat in the fourth row behind home plate, behind a 26-foot vertical wire screen. The screen had no roof. A high foul ball went up and over the screen and dropped straight down onto his head, knocking him unconscious and putting him in the hospital. He sued, arguing that a club that screens seats must also protect them from above.
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: Leek v. Tacoma Baseball Club, Inc., 38 Wash. 2d 362, 229 P.2d 329 (1951)
Read more at law.justia.com. The source reveals the outcome.