JEFFERSON CITY, Mo.-- A man hit in the eye with a hot dog thrown by the Royals mascot will have another chance to sue the team’s organization.
The state Supreme Court has voided the decision of a jury that put the blame for the injury on the man, John Coomer. The Court says it should not have been left up to a jury to decide whether the risk of being injured by a thrown hot dog is inherent to watching a baseball game. It says that should be up to a court to decide.
The decision means the case could be retried. Coomer was hit by a hot dog thrown by Sluggerrr at a game on September 8, 2009. Coomer said he had to undergo surgery for a detached retina and a cataract and sued for damages, claiming negligence.