A Kansas City Royals fan who was injured when an aluminum wrapped hot dog was thrown by the Royals team mascot Slugerrr has sued the team.

The Missouri Supreme Court is reviewing a lawsuit filed by John Coomer, of Overland Park, Kansas.  Coomer, who was hit in the eye with the hot dog and suffered a detached retina, underwent two surgeries to repair the damage, at the cost of $4,800 in medical expenses.  Coomer is suing for more than $20,000.

The court will have to decide whether Coomer's lawsuit falls under the "baseball rule," which protects organizations from being sued for fan injuries at games.  More particularly, the court will first decide whether the actions of the mascot fall under the umbrella of what the "baseball rule" covers.

“If a jury finds that the activity at issue is an inherent and unavoidable risk, the Royals owe no duty to their spectators,” Robert Tormohlen, Coomer’s attorney, said. “No case has extended the no-duty rule to the activities of a mascot.”

—Source:  webpronews.com