Extra Innings · Beanballs & Bleachers
A Souvenir Gone Astray
Loughran v. The Phillies (2005)
Charge: Negligence - fan hit in the face by a ball an outfielder tossed into the stands after the third out (suit against the club and the player)Court: Superior Court of PennsylvaniaDocket: Beanballs & Bleachers
Does a fan assume the risk of being hit by a ball a player tosses into the stands as a souvenir between innings?
The facts
A fan was seated in the outfield stands at a big-league game in 2003. After catching the final out of the seventh inning, the center fielder threw the ball into the crowd as a souvenir. The ball struck the fan in the face. He suffered a concussion, bleeding around the eye and later headaches and vision trouble. He sued the club and the player, arguing play had stopped when the ball was thrown.
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: Loughran v. The Phillies, 888 A.2d 872 (Pa. Super. Ct. 2005)
Read more at caselaw.findlaw.com. The source reveals the outcome.