Appeals court reverses the Royals’ victory in the infamous hot dog-throwing lawsuit
Jan 15, 2013, 4:31 PM EDT
Great moments in court of appeals rulings.
You may recall that a Kansas man sued the Kansas City Royals, alleging that a hot dog thrown by the team’s mascot — Sluggerrr — at a September 2009 game struck him in the eye and detached his retina. The case went to trial in 2011 and the Royals — and Sluggerr — won. The plaintiff appealed. He just won the appeal.
Short version: the appeals court did not agree with the trial court’s instructions on assumption of the risk. Presumably this means a retrial. Or, more likely, a settlement of some kind.
You can read the opinion, complete with factual background, here.
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- mattyflex - Jan 15, 2013 at 4:47 PM
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NOOOOOOOOOOOO
our payroll……
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- Old Gator - Jan 15, 2013 at 4:48 PM
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I would have fired Sluggerr’s ass, tail and all, for having done something so stupid. I was surprised that the team won in the first place. Now it’s time to pay up, you cheap slugs.
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- tfbuckfutter - Jan 15, 2013 at 4:54 PM
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I say you have a reasonable assumption of being hit with a hot dog anywhere you go.
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- gerryb323 - Jan 15, 2013 at 4:57 PM
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WHAT?! It’s not reasonable to assume you’d be hit in the eye by a hot dog at a Royals game?
I mean, minor league games are full of hot dog flinging mascots!
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- tfbuckfutter - Jan 15, 2013 at 5:05 PM
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At a Royals game you have a better chance of being hit by a hot dog than a home run ball….
At least in the bottom half of the innings.
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- cur68 - Jan 15, 2013 at 5:00 PM
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Dang. Now I’m hungry….
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- smoochytherhino - Jan 15, 2013 at 5:30 PM
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Sluggerr’s head-crown creeps me out. It’s weird.
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- rocketsteadman - Jan 16, 2013 at 10:29 AM
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- randygnyc - Jan 15, 2013 at 5:49 PM
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Um, I attend games with the reasonable expectation that I won’t have hot dog thrown at my eye. It’s not a batted/thrown ball or any other artifact of the game, as its being played. And still, the waiver to those claims can certainly be disputed.
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- m3dman3 - Jan 15, 2013 at 6:00 PM
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Slugerrr should sue him for being unmanly and not catching that hot dog in his mouth like a man is supposed too! Sue, sue, sue that’s all us greedy Americans do nowadays.
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- historiophiliac - Jan 15, 2013 at 7:45 PM
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You know that’s how the system is set up to work, right?
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- tfbuckfutter - Jan 15, 2013 at 11:21 PM
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I find it interesting that the guy decrying the litigious nature of present day America also aligns manliness with one’s ability to deep-throat a hot dog.
I wouldn’t have guessed that overlapping sgement of a Venn diagram.
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- bricktop02 - Jan 15, 2013 at 6:05 PM
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Mom always said don’t throw hotdogs at the ballpark.
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- mrredlegz - Jan 15, 2013 at 9:55 PM
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He didn’t throw the hotdog at the ballpark. He threw it at that dude’s retina. Duh.
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- skerney - Jan 15, 2013 at 6:05 PM
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Uneasy lies the head that wears the crown.
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- pike573 - Jan 15, 2013 at 9:41 PM
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They must have found that it was pre-existing. I feel bad for the guy regardless… But still hilarious
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- deathmonkey41 - Jan 16, 2013 at 8:28 AM
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The first thing we do, let’s kill all the lawyers.
- William Shakespeare.
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- professormaddog31 - Jan 16, 2013 at 9:16 AM
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Craig, rebuttal please…
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- Craig Calcaterra - Jan 16, 2013 at 9:18 AM
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If Shakespeare were alive today he’d change that to “kill all the blog commenters”
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- huffdaddyco - Jan 16, 2013 at 9:13 AM
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I think that one should have to pay for the service of having a retina detached while watching a Royals game.
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- Tick - Jan 16, 2013 at 12:19 PM
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Can someone appeal the decision to design the mascot’s head like that?