“Be aware of flying bats and balls” is a common warning to see on signs around ballparks, but no one ever warns about flying hot dogs. If they did, the Kansas City Royals might not be heading to court with a fan who sustained injuries after getting hit in the face with a flying wiener.
John Coomer is taking his case against the Royals to the Missouri Supreme Court, seeking an award of “more than $20,000″ for medical bills he incurred as a result of being hit in the eye with a hot dog wrapped in tin foil, according to Yahoo! Sports. The story goes back to September 2009, when Coomer alleges that the team’s mascot, Sluggerrr, threw the offending weiner that hit Coomer in the eye while at Kauffman Stadium.
The injury resulted in multiple surgeries for Coomer, including one to repair a detached retina and the other to remove a cataract issue and implant an artificial lens. Coomer says he’s seen no improvement since the surgeries and he’s racked up $4,800 in medical bills.
Coomer says the team “failed to adequately train its agents in the proper method in which to throw hotdogs into the stands at Kauffman Stadium.”
In their defense, the Royals say they’re covered by the “baseball rule,” a legal standard that protects teams from being sued over fan injuries caused by events on the field, court or rink. But the standard doesn’t cover what happens in the stands.
A jury first heard the case two years ago and first sided with the Royals, but an appeals court overturned the ruling in January.
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