A hot dog injury lawsuit, which was already decided by a jury a few years back, is coming through court again on an appeal. John Coomer was hit in the eye at Kansas City Royal’s game back in 2009 when the team’s mascot tossed the four-ounce foil-covered hot dog to him in the stands, according to the Christian Science Monitor on Nov. 1.
If a broken bat had hit him, or a ball popped him in the eye, he wouldn’t have a case, as the law covers this as possible injuries fans should expect at a ball game. When the team’s mascot tosses a hot dog and it hits the fan in the eye, this he can bring to court as a lawsuit.
Coomer and his legal team already brought this case before a jury and they found that Coomer didn’t have a case because he should have been more aware of his surroundings.
Due to this hotdog throwing incident by the team’s lion mascot, Sluggerrr, Coomer suffered a detached retina and needed surgery. After that he needed surgery for the cataract that developed due to the surgery from the injury and he also needed a lens implanted. Both surgeries were related to the hotdog in his eye.
After the first jury ruled against Coomer he appealed. He has paid out $4,800 for surgeries and he is said to be asking for $20,000 in this new lawsuit. Legal experts expect it will be much more than the reported $20,000 that his legal team claims.
When the Jackson Count jurors heard the case two years ago, Coomer’s claim was unfounded said the jury. Now an appeals court has overturned that ruling saying that the while a fan might expect to get hit with a broken bat or ball, getting hit by a hot dog is not within the fan expectations of something that gets tossed their way at a game. Now Coomer is once again suing the Kansas City Royals.