Doubleheader · Rain Delay
Batting Practice Bullet
Martinez v. Houston McLane Co., LLC (2013)
Charge: Negligence and premises liability - fan hit by a batting-practice home run in the outfield seats (suit against the club's owner)Court: Texas Court of Appeals, First District (Houston)Docket: Rain Delay
Is a ballclub liable when a fan, moving at an usher's request, is hit by a batting-practice home run in the outfield seats?
The facts
A mother attending a big-league game on donated tickets sat in unscreened bleachers behind the outfield wall. Before the game, an usher told her to move a child's stroller. While climbing the stairs to do so, she was hit in the face by a home-run ball from batting practice, suffering a fractured eye socket and a cut cornea. She argued she was following staff instructions, not watching play, and that the club owed her more protection.
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: Martinez v. Houston McLane Co., LLC, No. 01-12-00433-CV (Tex. App.—Houston [1st Dist.] Mar. 12, 2013)
Read more at law.justia.com. The source reveals the outcome.