Jones v. Three Rivers Management Corp.

394 A.2d 546 (1978)

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Nature of the Case

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Facts

P was injured at Three Rivers Stadium, Pittsburgh, on July 16, 1970, the sport facility's inaugural day. P was standing in this second walkway in the vicinity of a large right field opening when she was struck in the eye by a ball hit during batting practice. P testified that, although she saw some activity on the field, she was not aware that batting practice had begun and did not see home plate. P turned away from the field of play, and almost immediately heard a cry of 'Watch!' As she turned, again, toward the field, she was struck in the eye by a batted ball. P had attended many of the 'home' games played at Forbes Field, the Pirates' former stadium. The day she was injured marked her first visit to Three Rivers Stadium. P testified that in Forbes Field patrons were not exposed to batted balls until they had left the walkways and emerged onto ramps in the seating area. D presented no evidence and moved for both nonsuits and directed verdicts. The trial court denied the motions and submitted the case to the jury. After the jury's verdict for P, the trial court denied Ds' motions for judgments notwithstanding the verdict. On appeal, a majority of the Superior Court held that P failed to meet her burden of proving negligence and that the trial court erred in denying the motions for judgments n. o. v. On this appeal, Ds argue that the defense of assumption of the risk precludes P's recovery. P contends that any injury which occurs on a concourse behind the stands, from which the injured party could not and did not see the source of danger, and which results from an unusually early batting practice falls outside the scope of assumption of the risk.