No Assumption Of Risk At Baseball Game Of Being Hit In The Eye With A Hotdog

During the 2009 season, John Coomer, did as many do during the summer, he went to a baseball game.  Specifically he went to  Kansas City Royal game, (he was one of the five fans in the seats).  During the course of the game the Royal’s mascot threw foil-wrapped hot dogs into the stands.  One of these flying hot dogs hit Coomer in the eye, and Coomer suffered a detached retina.  The Missouri Court of Appeals recently ruled that the trial judge committed an error (not the same as a player’s error) when he instructed the jury that they could consider that Commer assumed the risk of being hit in the eye with a hot dog when he attended the game.