John Doe A v. Penn State
First Penn State scandal lawsuit says Coach Jerry Sandusky sexually abused a boy more than 100 times and the abuse was enabled by the school's "negligent oversight."
Bradley v. Lohan
Former Betty Ford Center employee sues Lindsay Lohan for assault, alleging the actress threw a phone at her and yanked her wrist while refusing to be breathalzyed.
N.D. v. New York Post
Hotel maid allegedly raped by French politician sues the New York Post for falsely reporting that she is a prostitute who "routinely traded sex for money" with male guests.
Reinhart v. Mortenson
Two Montana residents allege the author of "Three Cups of Tea" "fabricated material about his activities and work in Pakistan and Afghanistan" to sell the book.
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• Maryland appeals court says dog owners can be held strictly liable for pit bull attacks. "Because of its aggressive and vicious nature and its capability to inflict serious and sometimes fatal injuries, pit bulls and cross-bred pit bulls are inherently dangerous." Tracey v. Solesky

• Woman who has been diagnosed as a sex addict sues a school district for failing to prevent her from having sex with male students on the school bus when she was in 11th grade.
Barksdale v. Egg Harbor Township Bd. of Ed.

• Civil rights activist challenges Georgia's "stand your ground law." "By not defining what actions create a reasonable perception justifying the use of deadly force, the Act[] potentially deprives all Georgia[n]s of the right to life without due process of law." Hutchins v. Deal

• Former patient of a Rhode Island doctor sues him for featuring her in a book about drug addiction. "Plaintiff had expected, as any reasonable patient would, that her private conversations during her treatment sessions with the Defendant would remain private and confidential."
Lisnoff v. Stein

• Class action alleges the YMCA deceives consumers by representing that it practices "Christian" values while allowing its gyms to be used for gay sex trysts. "YMCAs around the country ... are currently being used as brothels for cruising, with the YMCA's knowledge and implicit consent."
Keister v. YMCA

• Social workers are not liable for a sexual assault on a 5-year-old boy by a 16-year-old male placed in an adoptive home. "To rule against the individual defendants in this case would definitely break new ground."
Doe v. Braddy

• Student sues college for refusing to grant her the "reasonable accommodation" of a single room after she complained about her roommate's exhibitionist behavior.
Blankmeyer v. Stonehill College

• School district can be sued over a guidance counselor's sexual relationship with a student who was over the age of consent. "The inherent imbalance of power between a guidance counselor in a public school and a student may render opportunistic sexual predation sufficiently shocking, even with a 'consenting' student over sixteen, to form the basis of a substantive due process claim."
Doe v. Fournier

• Utah judge finds a "credible threat" that Utah County officials will prosecute a polygamist and his wives for bigamy. The officials' acts "suggest that an actual prosecution of Plaintiffs is forthcoming."
Brown v. Herbert

• Louisville, Ky., strip club sues a competitor for displaying an electronic sign outside a convention center that said "Don't go to Godfathers, their girls are ugly and have crabs."
The Godfather v. Trixie's Lounge

• A lawyer cannot sue two women he dated for posting derogatory comments about him on liarscheatersrus.com. "[W]hen viewed within the larger context of the website on which they were posted, there can be no doubt that a reasonable reader would understand the comments to be opinion." Coulotte v. Ryncarz

• Oglala Sioux tribe sues beer makers and Whiteclay, Neb., bars for enabling alcohol abuse on the Pine Ridge Indian Reservation. The illegal trade in alcohol has "caused devastating injuries to the Lakota people and massive financial damages to the [tribe]."
Oglala Sioux Tribe v. Schwarting




Alltop_125x125.jpg







Fan's Suit Over Stray Sausage Throw Can Go to Trial Print

A Missouri judge has refused to toss the Hotdog Toss case, ruling that a jury should decide whether the Kansas City Royals' “Sluggerrr” mascot recklessly hurled a foil-wrapped wiener at a fan, injuring him in the eye.

The Royals struck out with what is usually an effective defense in sports injury lawsuit, On Point has learned, as Jackson County Circuit Court Judge W. Brent Powell said John Coomer can proceed with his negligence claim arising from the fateful frankfurter toss at a game in September 2009. Sluggerrr's errant “behind-the-back” throw allegedly detached Coomer's retina.

“While Plaintiff may have assumed the risk inherent and common to a baseball game, including the Hotdog Toss, Plaintiff did not assume the risk created by these alleged acts of negligence committed by Defendant and its employee,” Powell said in a Feb. 9 opinion denying the Royals' motion for summary judgment.

Courts have routinely found that baseball fans assume the risk of being hit by a foul ball during a game. The Royals argued that the same legal doctrine applies to “customary activities” associated with the game of baseball.

“It is simply undeniable that the Hotdog Toss is an activity so intimately intertwined with Royals baseball that one who attends a Royals game assumes the risks associated with the Hotdog Toss,” the team said in a brief.

But Powell said the Royals could be held liable for “the alleged negligent manner in which Defendant and Sluggerrr conducted the Hotdog Toss.” Specifically, he noted,

Plaintiff alleges in his Petition that ... “[i]nstead of throwing the hotdog at an arch high into the stands, Slug[gerrr] lost control, or was reckless with his throw, and threw the hotdog directly into Plaintiff, who was sitting a few feet away.”

The mascot's throw allegedly traveled from the top of the third base dugout to Coomer's seat six rows back. Coomer is seeking at least $25,000 in damages, alleging, among other things, that the Royals failed to adequately train Sluggerrr “as to the proper method of throwing hotdogs into the stands of Kauffman Stadium.”

“The hotdog that struck Plaintiff's face was thrown with sufficient force to knock Plaintiff's hat off his head and into the row of seats behind him,” Coomer said in a brief.

The case could set a sports injury law precedent because no court has directly addressed whether assumption of risk applies not only to the game of baseball itself but also to an “entertaining sideshow” to a game.

In the summary judgment motion, the Royals noted that Coomer is “a lifetime baseball fan” who knew “he was likely to experience promotional activites where items would be thrown into the stands” and “admits he chose to look away from the hotdog being thrown in his direction. Can Plaintiff really be heard to complain when he was struck by that very same hotdog?”

“Allowing Plaintiff's claim to survive summary judgment,” the team continued,

would ignore the 'peanuts and cracker jacks' of baseball. It would ignore the fact that, today, attending a baseball game at a major league ballpark is about more than the game itself.

Coomer responded that the negligent and/or reckless launching of hot dogs “is not an essential or integral part of the playing of a baseball game,” and

if Defendant owes its invitees no duty of care with regard to “common” promotional activities, then there is nothing to prevent Sluggerrr ... from firing t-shirts or hotdogs from the mechanical cannon — not into the upper decks — but instead directly at someone's 10-year-old daughter sitting in the first row of the stands.

Trial in the case has been set for March 7. Judge Powell did dismiss Coomer's battery claim, finding “no genuine material issue of fact ... that Defendant or its employees intended to harm or offend anyone, let alone Plaintiff.”

UPDATES

  • A jury returned a defense verdict March 9, 2011, finding Sluggerrr did not throw the hot dog in a negligent manner. “I’m hugely disappointed, but I respect the outcome,” Coomer told the Kansas City Star.

  • Coomer didn't really respect the verdict. He filed an appeal June 10, 2011.




  • By Matthew Heller
    1/9/11


     

    Editor's note: On Point's RSS feed has moved to this link.

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