Saturday, June 28, 2014

The Lawsuit over the Flying Hotdog

The lawsuit over a hotdog launched by an air gun by the Kansas City Royals mascot was decided by the Missouri Supreme Court last week, remanding the case back to the trial court to allow the injured spectator another chance to recover his damages.

The spectator was injured by a hotdog launched by the Mascot at a baseball game.  The spectator suffered a detached retina, and sued the Royals for his damages due to the mascot's negligence.  The trial court said no, getting hit by a flying hotdog is the same as getting hit by a baseball, it is an assumed (inherent) risk of going to a baseball game.  The spectator appealed.

The Missouri Supreme Court ruled that a flying hotdog is NOT an inherent, assumed risk and remanded the case back to the trial court.

What's next?  Perhaps the lawsuit over the flying T-Shirt!

If you are a law nerd and actually want to read the opinion, you can find it here: