A mascot for the Kansas City Royals threw a wrapped hot dog into the stands, which injured a fan. A jury rejected his claim, but an appeals court reinstated it, and the Missouri Supreme Court is now considering whether the traditional principle that cuts off liability for foul balls and other expected projectiles should cover even the wurst case. [AP, earlier] More: Lowering the Bar.
“A Boston Red Sox fan who was harassed and stabbed through the neck by a New York Yankees fan at a restaurant in 2010 has been awarded $4.3 million by a jury. The jury in New Haven reached the verdict Thursday in favor of Monte Freire and against the restaurant, U.S.S. Chowder Pot III, in Branford, attorneys for both sides said.” The plaintiff’s lawyer said the restaurant had been put on notice that the Yankees fan was potentially violent and should have cut him off from further liquor; the restaurant’s attorney said that while the man had previously behaved like a jerk, he was sitting quietly when observed which is why the bartender decided only to monitor him. [ESPN]
“The Orioles’ team doctor, William H. Goldiner, tended to orange-clad ballplayers at the same time as he diagnosed thousands of blue-collar workers with asbestos-related illnesses whose cases were taken up by prominent lawyer and team owner Peter G. Angelos.” [Baltimore Sun, earlier]
Story at USA Today and CBS News. Among those who had questions about the prosecution from the start: Tom Kirkendall. Also see: Ron Coleman.
More: What jurors might have disliked about both the Clemens and the John Edwards prosecutions; a New York Sun editorial on the Clemens acquittal; Sally Jenkins, WaPo, via Fran Smith.
Gideon Kanner recalls how the forcible 1950s displacement of a modest Mexican community made way eventually (after the dropping of a public housing scheme) for the construction of L.A.’s baseball stadium. Some of the residents resisted: “Their principled fight became a footnote in the wretched history of eminent domain law which holds that once a condemnor acquires title to private property by eminent domain, it is not bound to put it to the ‘public’ uses for which it was taken.” ["The Curse of Chavez Ravine"]
In other eminent domain news, voters in the Indian state of West Bengal have ousted the long-ruling Communist party; a rival party “began to gain momentum when angry farmers erupted in protest against the Communist government in 2007 and 2008 after it seized farmland to set up an automobile factory.”
“Jurors deliberated a little more than an hour before finding that the Royals were not liable for injuries suffered by a Kansas man when he was hit in the eye by a foil-wrapped hot dog at a game in September 2009.” [Kansas City Star via Lowering the Bar, earlier]
The backstop was located only 15 feet behind home plate and should have been 25 feet instead, according to the plaintiff’s lawyer suing the Connecticut town. [Greenwich Time]
Prince George’s County, Maryland: “The jury found that the tournament organizer, Baseball Players Association, built the pitcher’s mound too big and too deep.” [Ron Miller]
Derek Jeter gets to first base by misleading the umpire, and debate ensues over his lack of apparent scruple. A parallel to lawyers’ ethics in adversary factfinding? [Freedman and Vischer, Legal Ethics Forum]