Categorized | Mark Timmons

The Lawsuit

The Lawsuit

Despite the wishes of many I have decided to write an in depth article about THE “Lawsuit”. From time to time lawsuits with significant and/or minor issues are filed between baseball team owners, or between fans and their favorite team. Some of these lawsuits will affect one local team and others will affect all of major league baseball. One lawsuit has been filed recently that might have significant, lasting and broad effects upon all of baseball.

That law suit is John Coomer v. Kansas City Royals Baseball Corporation, Case No. 1016-CV04073, Filed February 8, 2010. The causes of action are Negligence and Battery.

According to Mr. Coomer’s petition, he purchased a premium ticket to the Royals’ game, against the Tigers, on September 8, 2009 and sat a mere 6 rows behind the third base dugout. The Royals’ mascot “Sluggerrr” undertook his task of shooting steaming hotdogs, and their buns, into the stands with his air gun.

Just like a hot-dogging sniper “Sluggerrr” was standing atop the third base dugout without any protection. However, the fans had no protection either. Obviously the baseball fans who sit just six rows behind the third-base dugout at Kansas City’s Kauffman Stadium know that there is a chance that they must be aware of, and might have to dodge a few foul balls during the game. Little did Mr. Coomer know that he would have to protect himself against steaming hotdog projectiles being propelled at a high speed into his personal space.

“Sluggerrr” then put down his air gun and commenced to throwing the hot dog projectiles into the stands, including one that he threw behind his back. This misguided missile, struck Mr. Coomer in his left eye. Mr. Coomer claims that the Mascot “lost control of his throw or was reckless with his throw, and threw the hotdog directly into the Plaintiff.”

Mr. Coomer alleges that the wayward wiener caused him to have a detached retina and that as a result cataracts have developed in his left eye. He was required to undergo two eye surgeries to correct these problems. Mr. Coomer also claims that he has suffered permanent impairment to his vision and is now at an increased risk of disabling eye problems in the future.

In addition to seeking restitution of $25,000 for medical expenses that he incurred, Coomer is also seeking damages for the team’s failure to adequately train its’ mascot on the proper method of throwing hot dogs into the stands at Kauffman Stadium.

Of course the plaintiff is a resident of Kansas so this case might have something to do with the long held bitterness between Kansas and Missouri residents that began around the time of the Civil War. Or he may just have some type of phobia against Mascots like “Sluggerrr” who are allowed to behave like militia with their hotdog propelling air guns.

However, we should also be concerned that some California trained judge may hear this case and hold for Mr. Coomer on all causes of action and impose a new standard of care for Mascots. Why not? Does the back of your ticket expressly warn you to be aware of flying hotdogs? You may have assumed the risk of being hit with a baseball when you purchased a ticket, but a hotdog?

What about the Vegans? Don’t they have a Right of Privacy to not have slaughtered remains of a pig, cow, turkey, and/or chicken propelled uninvited into their area of seating?

Maybe the Judge will not just hold for Mr. Coomer, but will also turn this matter into a class action lawsuit for all of us fans and order the Royals, and any other team propelling missiles into the stands, to provide protective eye ware free of charge to all persons in attendance. - Written by Ken

 DODGER NEWS:

  • Dylan Hernandez writes about Russ Martin and a Return to Glory (where have we heard that?)
  • Hernandez also writes about Matt Kemp’s new found fame
  • In both articles you have to be impressesd with how serious Kemp and Martin are about thier workouts.  If Kermp can improve and Martin can return to his best season, LOOKOUT!
  • TJ Simers Slimes Frank McCourt
  • Jon Weisman is a good read.

About Ken

Ken is a professional working in multiple disciplines who has participated in various sports from elementary school through post intercollegiate level. He may be the only athlete in intercollegiate sports history to have started as both a middle blocker on an intercollegiate volleyball team and as a hook on an intercollegiate rugby team during the same season. He has been a Dodger fan since youth and now regularly watches over 150 Dodger games per season.

7 Responses to “The Lawsuit”

  1. Badger says:

    Oh brother.

    This will be settled, and rather easily. (Unless of course the event was pre existing condition) This is similar to the case of the clutz who spilled hot coffee in her lap. She is now in a different tax bracket and votes Republican.

    Tell me about the John Moores case. What do you know about that one? That is one that is much more relevant. Since we can’t talk about…. the other case, maybe if you shed some light on that one it will help us understand what happens to mutually owned businesses in a (word that starts with “d”).

    P.S. – really enjoyed the Simers column

  2. lawdog says:

    Didn’t Coomer play 3rd base for Albuquerque a few years back? What duty of care is owed by a mascot to a former minor league third baseman when it comes to projecting wayward wieners with a wiener whacking air gun anyway?

  3. Roger Dodger says:

    Need some blood here ——- Go Dodgers !!!

  4. Roger Dodger says:

    Gee, are folks too busy to post? Or, have some of us scared folks away ??

    Go Dodgers !!!!!

    By the way, is Jeff Kent still in some kind of shape ?????

  5. Bill Russell says:

    I must say that Ken posts some interesting stuff. This sounds like a very stupid act on the part of slugger and I wonder if the Royals were on board with throwing hot dogs into the stands or if this was something that slugger just decided to do on his own? I don’t think anyone would agree on this type of entertainment from the Royals Management. I would also wonder if this was the first time slugger decided to throw hot dogs into the stands? Sounds kind of dumb to me. If it happened before and the Royals didn’t stop this act, would the Royals become liable? Or are the Royals liable no matter what slugger decides to do on the field? Sounds like intensive mental screening must be done on all future mascots.
    T-shirts Yes, Hot dogs No. There’s just no entertainment value I can think of bye being hit with a boiling hot – Hot Dog.

  6. ken says:

    LD – Clever!

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