Extra Innings · Beanballs & Bleachers
Thirst on the Mezzanine
Maisonave v. Newark Bears Professional Baseball Club, Inc. (2005)
Charge: Negligence - fan struck in the eye by a foul ball while buying a drink at a concourse vending cart (suit against the ballclub and stadium parties)Court: Supreme Court of New JerseyDocket: Beanballs & Bleachers
Does a ballpark's limited 'baseball rule' duty shield it when a foul ball hits a fan standing at a drink cart on the open concourse, away from the seats?
The facts
A fan at a minor-league game left his seat and stood at a beverage cart on the stadium's open mezzanine concourse. Protective netting covered seats behind home plate but did not reach the cart. While he was turned toward the vendor, a foul ball flew in and struck him in the eye. He suffered facial fractures and lasting eye damage. The trial court threw the case out under the rule that fans assume the risk of batted balls. He argued the concourse is not part of watching the game.
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: Maisonave v. Newark Bears Professional Baseball Club, Inc., 185 N.J. 70, 881 A.2d 700 (2005)
Read more at law.justia.com. The source reveals the outcome.