He says a flying wiener thrown into the stands by the team’s mascot, Sluggerrr, nearly put his eye out. [AP/Joplin Globe] On the demise of flying peanuts in Boston and flying tortillas in San Antonio, see this post and this, respectively. More: Lowering the Bar.
Wurst-case scenario comes true: “The Missouri Supreme Court has ruled on behalf of a baseball fan who says he was hit in the eye with a hot dog thrown by Sluggerrr, the Kansas City Royals mascot.” The court overruled a trial judge who had instructed jurors that they could find the flying foodstuff to be an assumed risk of attending a Royals game. [Debra Cassens Weiss, ABA Journal; earlier]
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.
Lambert’s Cafe, based in Sikeston, Missouri, bills itself as the “Home of Throwed Rolls” because of its famous practice of having servers toss dinner rolls to customers. It’s now being sued for guess what [WDAF, RiverFront Times] Last year the Missouri Supreme Court ruled in favor of a plaintiff claiming injury from a hot dog thrown by a mascot at a Kansas City Royals game, overturning a lower court which had instructed jurors that they were free to find hot-dog-flinging a risk known to occur at Royals games for purposes of an assumption of risk defense. More: Lowering the Bar and (thanks for link) Fox News.
- Artist Jeff Koons drops his lawsuit against maker of resin balloon dogs [Legal Blog Watch, BoingBoing, earlier]
- The car pile-up happened fast, the come-ons from lawyers and chiropractors were almost as speedy [Adler/Volokh]
- Andrew Thomas update: former Maricopa County Attorney intends to sue former bar president and ethics investigators [ABA Journal, Coyote]
- Litigation finance: “Poker Magnate, London Firm Bankroll Chevron Plaintiffs” [Dan Fisher, Forbes] Case for champerty pleaded before ethics commission [Podgers, ABA Journal] The experience in Australia [Karlsgodt]
- Judge: Kansas City stadium mascot hot dog toss suit can go to trial [OnPoint News, earlier]
- How National Enquirer matched wits with John Edwards to expose scandal [David Perel, HuffPo] More: Justice Department building a case? [AW]
- “The Whooping Cough’s Unnecessary Return” [Paul Howard/Jim Copland, City Journal] Theodore Dalrymple reviews new Paul Offit vaccine book [same]
- Many trial lawyers yank funding from Ralph Nader operations in pique over his role in depriving Al Gore of White House victory [ten years ago on Overlawyered]