MarlinsFanatic Posted October 7, 2004 Share Posted October 7, 2004 to be throwing any baseballs into the fish tank next year. In fact, don't look for any player to throw baseballs to the fans next year. As a defense lawyer, I am embarrased to say that a fan has actually SUED Juan Pierre and the Marlins in Broward County Circuit Court alleging that Juan Pierre negligently threw a baseball into the stand with such "great velocity" that it hit a fan in the face. This seemingly frivoulous suit was filed on October 4 in Broward County. I anticipate that the Marlins will now forbid their players from thowing balls into the stands after innings and after warm-ups. It is a shame that such people do things that ruin things for everyone else. Quote Link to comment Share on other sites More sharing options...
MiRi Posted October 7, 2004 Share Posted October 7, 2004 WTF? Now that's stupid. Quote Link to comment Share on other sites More sharing options...
MarlinsFans46 Posted October 7, 2004 Share Posted October 7, 2004 Most stadiums announce a disclaimer that fans are at their own risk at the game and should be aware of any object (bat, ball, otherwise) can go into the stands at any time. That said, I doubt the fan has a case. Quote Link to comment Share on other sites More sharing options...
QuickGold Posted October 7, 2004 Share Posted October 7, 2004 This guy has no case. All parks make numerous warnings in written form and over the PA system to watch out for objects that can depart the playing field and enter the stands(i.e. balls & bats). Quote Link to comment Share on other sites More sharing options...
MarlinsFanatic Posted October 7, 2004 Author Share Posted October 7, 2004 Most stadiums announce a disclaimer that fans are at their own risk at the game and should be aware of any object (bat, ball, otherwise) can go into the stands at any time. That said, I doubt the fan has a case. 585207[/snapback] That covers batted balls -- doubt that it would apply to a ball intentionally thrown into the stands. Quote Link to comment Share on other sites More sharing options...
MarlinsFanatic Posted October 7, 2004 Author Share Posted October 7, 2004 This guy has no case. All parks make numerous warnings in written form and over the PA system to watch out for objects that can depart the playing field and enter the stands(i.e. balls & bats). 585208[/snapback] Again - doubt that it applies to intentionally thrown objects Quote Link to comment Share on other sites More sharing options...
cobaincola Posted October 7, 2004 Share Posted October 7, 2004 This guy has no case. All parks make numerous warnings in written form and over the PA system to watch out for objects that can depart the playing field and enter the stands(i.e. balls & bats). 585208[/snapback] Again - doubt that it applies to intentionally thrown objects 585214[/snapback] Way to treat one of the best human beings on the baseball diamond It's pathetic the extent to which people want to make some money...two-cent hookers :thumbdown Quote Link to comment Share on other sites More sharing options...
Marlins2003 Posted October 7, 2004 Share Posted October 7, 2004 to be throwing any baseballs into the fish tank next year.? In fact, don't look for any player to throw baseballs to the fans next year. As a defense lawyer, I am embarrased to say that a fan has actually SUED Juan Pierre and the Marlins in Broward County Circuit Court alleging that Juan Pierre negligently threw a baseball into the stand with such "great velocity" that it hit a fan in the face.? This seemingly frivoulous suit was filed on October 4 in Broward County. I anticipate that the Marlins will now forbid their players from thowing balls into the stands after innings and after warm-ups. It is a shame that such people do things that ruin things for everyone else. 585202[/snapback] Because I have way too much time on my hands this morning (waiting for the cable guy), if you could (since this is a matter of public record) post a link to the filing, I'd apprecite it very much. Thanks. I need a good laugh. Quote Link to comment Share on other sites More sharing options...
Dancin'_Homer Posted October 7, 2004 Share Posted October 7, 2004 These cases have come up before and have always failed. Baseballs will still be thrown next year ... and the next year ... and the next ... and so on. Quote Link to comment Share on other sites More sharing options...
MarlinsFanatic Posted October 7, 2004 Author Share Posted October 7, 2004 to be throwing any baseballs into the fish tank next year.? In fact, don't look for any player to throw baseballs to the fans next year. As a defense lawyer, I am embarrased to say that a fan has actually SUED Juan Pierre and the Marlins in Broward County Circuit Court alleging that Juan Pierre negligently threw a baseball into the stand with such "great velocity" that it hit a fan in the face.? This seemingly frivoulous suit was filed on October 4 in Broward County. I anticipate that the Marlins will now forbid their players from thowing balls into the stands after innings and after warm-ups. It is a shame that such people do things that ruin things for everyone else. 585202[/snapback] Because I have way too much time on my hands this morning (waiting for the cable guy), if you could (since this is a matter of public record) post a link to the filing, I'd apprecite it very much. Thanks. I need a good laugh. 585219[/snapback] There is no link per se. I can give you the following information and maybe you can get more from the Broward County court website. Steven Badillo v. FM/HHI, Inc., f/k/a Florida Marlins, Inc.; Juan Pierre, Case No. 04 CV 15549, Filed October 4, 2004 Quote Link to comment Share on other sites More sharing options...
FreshFish Posted October 7, 2004 Share Posted October 7, 2004 this sucks. what a loser. Quote Link to comment Share on other sites More sharing options...
MarlinsFanatic Posted October 7, 2004 Author Share Posted October 7, 2004 These cases have come up before and have always failed. Baseballs will still be thrown next year ... and the next year ... and the next ... and so on. 585226[/snapback] Maybe -- but if the club's insurance company gets tired of paying atty fees on this kind of thing -- they might start putting their feet down. Quote Link to comment Share on other sites More sharing options...
Marlins2003 Posted October 7, 2004 Share Posted October 7, 2004 I was able to locate the case but unfortunately I can't access the filing without opening an account with the court. The link is Link to filing Fanatic, how about keeping is apprised of what happens? Interesting, he's suing HHI, which is Huizenga Holdings Inc. Reminds me of the fabled Billy the Marlin t-shirt case. Quote Link to comment Share on other sites More sharing options...
Dancin'_Homer Posted October 7, 2004 Share Posted October 7, 2004 Case law on this matter is extensive. Do a "Findlaw" search and you'll turn up several. Because I was bored, I found a couple for reference: In JANE COSTA vs. THE BOSTON RED SOX BASEBALL CLUB. (Mass. Docket No. 02-P-1433) the Massachusetts Appeals Court rejected Costa's claim, ruling that: The result we reach is consistent with the vast majority of reported decisions involving injuries to spectators at baseball games. See Annot., Liability to Spectator at Baseball Game Who Is Hit by Ball or Injured as Result of Other Hazards of Game, 91 A.L.R.3d 24 (1979 & Supp. 2003). Although cases in other jurisdictions have turned on a variety of tort doctrines, they reflect a consensus that baseball stadium owners should not be held responsible for injuries to spectators that result from balls leaving the field during play . ... As a consequence, injured fans like the plaintiff are left to bear the costs of their injuries, even though they played no role in causing them except by choosing to attend the game. In DONNA P. THURMOND v. PRINCE WILLIAM PROFESSIONAL BASEBALL CLUB, INC., ET AL. (Virginia Court of Appeals, Record No. 020116), the court ruled that a person's voluntary assumption of the risk of injury from a known danger operates as a complete bar to recovery for a defendant's alleged negligence in causing that injury. These are just a few recent cases. As I said, such cases are legion. It's America. Anyone can sue anyone anytime. And sure enough you can find a lawyer to represent you. But the chances of success are about the same as a Dolphins Super Bowl victory this year. Quote Link to comment Share on other sites More sharing options...
MarlinsFanatic Posted October 7, 2004 Author Share Posted October 7, 2004 Dancin Homer -- I am impressed with your legal research skills....are you a lawyer wannbe? ----- Now, take a look at those cases and I would bet any amount of money that they deal with foul balls, or bats accidently going into the stands and the like. I bet that not one of them deals with a ball intentionally thrown into the stands by someone on the field of play or a bat intentionally thrown into the stands by someone on the field of play.............as a lawyer, I am sure that is the distinction that will be made. That is, fans do not assume the risk of being hurt by objects intentionally thrown into the stands. Quote Link to comment Share on other sites More sharing options...
MarlinsFans46 Posted October 7, 2004 Share Posted October 7, 2004 Hadlock Field (which housed the Marlins' old AA affiliate before changing affiliations to the "Evil Empire", and I don't mean the Yankees) always had the spiel, to be aware of "batted or thrown balls entering the stands". If a minor league team could cover themselves like this, I'm sure PPS and every other major league park has done the same. Quote Link to comment Share on other sites More sharing options...
Dancin'_Homer Posted October 7, 2004 Share Posted October 7, 2004 MarlinsFanatic-- As a lawyer, you should be well versed in liability and assumption of responsibility. I'm surprised this befuddles you. As for your claim that: fans do not assume the risk of being hurt by objects intentionally thrown into the stands. I will simply direct you to the warning printed on the back of every Marlins ticket: Holder assumer all risks incidental to the game of baseball and all warm-up, practices, and competitions associated with baseball, whether occurring prior to, during, or after the game, including (but not exclusive to) the danger of being injured by or in connection with any thrown or broken bat, any fragment of a broken bat, or any THROWN or batted ball, and agrees that none of the Office of the Commissioner of Baseball, Major League Clubs, or their respective agents, players, officers, employees, and owners shall be liable for resulting injuries or loss of personal property resulting from such causes. I believe if you dig in your law books a little further you will find that this constitutes a total release of liability. Quote Link to comment Share on other sites More sharing options...
MarlinsFanatic Posted October 7, 2004 Author Share Posted October 7, 2004 "thrown" in all likelihood is from a ball thrown during play.........i.e. an overthrow that goes into the stands........releases and disclaimers like this rarely, if ever, include intentional acts. Dancin -- i am intrigued -- what is your legal pedigree? Quote Link to comment Share on other sites More sharing options...
Dancin'_Homer Posted October 7, 2004 Share Posted October 7, 2004 "Holder assumes ALL risks" is not ambiguous, nor does it require vivisection of intent or circumstance. This is, sit venia verba, an open and shut case. In fact, the Thurmond case was decided by summary judgment (without a hearing on the facts of the case). Quote Link to comment Share on other sites More sharing options...
MarlinsFanatic Posted October 7, 2004 Author Share Posted October 7, 2004 I give up. Assume: Player at bat is being heckled by a fan. Player goes over to stands and intentionally throws bat at fan and injures him. THE RELEASE DOES NOT COVER THAT!!! Quote Link to comment Share on other sites More sharing options...
Dancin'_Homer Posted October 7, 2004 Share Posted October 7, 2004 CLARIFICATION: Intent does matter if the intent of the player was to hurt a fan -- as with a chair (Frank Francisco) or a bottle (Milton Bradley). If JP had thrown the ball with the intent of hurting the fan, then perhaps Mr. Badilla could recover. But (according to the filing) this is a negligence case, not an assault case. So, in this instance, there is no negligence and, hence, no liability. Quote Link to comment Share on other sites More sharing options...
drval Posted October 7, 2004 Share Posted October 7, 2004 MarlinsFanatic: If you have access to the online case details, would you mind posting them? Quote Link to comment Share on other sites More sharing options...
TSwift25 Posted October 7, 2004 Share Posted October 7, 2004 This guy has no case.? All parks make numerous warnings in written form and over the PA system to watch out for objects that can depart the playing field and enter the stands(i.e. balls & bats). 585208[/snapback] Again - doubt that it applies to intentionally thrown objects 585214[/snapback] No, they say objects "may be hit, or thrown into the stands." Quote Link to comment Share on other sites More sharing options...
MarlinsFanatic Posted October 7, 2004 Author Share Posted October 7, 2004 CLARIFICATION: Intent does matter if the intent of the player was to hurt a fan -- as with a chair (Frank Francisco) or a bottle (Milton Bradley). If JP had thrown the ball with the intent of hurting the fan, then perhaps Mr. Badilla could recover. But (according to the filing) this is a negligence case, not an assault case. So, in this instance, there is no negligence and, hence, no liability. 585277[/snapback] You are responsible for all foreseeable results of your intentional acts. You don't have to intend the harm.....the intentional act is Pierre intentionally throwing th eball into the stands. Quote Link to comment Share on other sites More sharing options...
QuickGold Posted October 7, 2004 Share Posted October 7, 2004 This guy has no case. All parks make numerous warnings in written form and over the PA system to watch out for objects that can depart the playing field and enter the stands(i.e. balls & bats). 585208[/snapback] Again - doubt that it applies to intentionally thrown objects 585214[/snapback] No, they say objects "may be hit, or thrown into the stands." 585310[/snapback] Exactly, you should be paying attention to the game. Quote Link to comment Share on other sites More sharing options...
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