Hot dog injury lawsuit decision reversed

Jan. 15, 2013 at 4:19 PM

KANSAS CITY, Mo., Jan. 15 (UPI) -- A fan whose lawsuit said he was injured by a flying hot dog at a Kansas City Royals game will get a second chance in court, an appeals court ruled.

John Coomer's lawsuit said he suffered a detached retina and other injuries when he was struck in the eye by a foil-wrapped hot dog thrown by Royals mascot Sluggerrr at a 2009 game, The Kansas City (Mo.) Star reported Tuesday.

A jury ruled for the team in March 2011, saying Coomer assumed the risk of a hot dog-related injury when he purchased his ticket to the game.

However, the appellate court threw out the lower court's decision.

"The risk of being hit in the face by a hot dog is not a well-known incidental risk of attending a baseball game," the court ruled. "Consequently, a plaintiff may not be said to have consented to, and voluntarily assumed, the risk by attending the game."

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