Friday, June 27, 2014
On Tuesday, the Supreme Court of Missouri issued an opinion in Coomer, the case of the fan injured by a flying hot dog. The court ruled that getting hit with a hot dog is not an inherent risk of baseball and the trial judge should not have allowed an assumption of risk instruction. The opinion is here. Alberto Bernabe, who has followed the case, has comments here. Michael McCann wrote a guest post for TortsProf in 2010 that foreshadowed the holding.