Nature of the Case
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Facts
Alex Popov (P) and Patrick Hayashi (D) both hoped that they would catch Bonds' record-setting home run ball. They positioned themselves in the arcade section of the ballpark where Bonds hits the greatest number of home runs. Bonds connected and the ball sailed over the right-field fence and into the arcade. Josh Keppel, a cameraman who was positioned in the arcade, captured the event on videotape. Keppel filmed much of what occurred from the time Bonds hit the ball until the commotion in the arcade had subsided. He was standing very near the spot where the ball landed. Seventeen percipient witnesses testified as to what they saw after the ball came into the stands. As the ball was going into P's glove, P was inundated by an out of control mob engaged in violent and illegal behavior. P was buried face down on the ground under several layers of people. P was grabbed, hit and kicked. The tape clearly establishes that this was an out of control mob, engaged in violent, illegal behavior. P intended at all times to establish and maintain possession of the ball. At some point, the ball left his glove and ended up on the ground. Hayashi (D) was standing near P and was involuntarily forced to the ground. D committed no wrongful act. While on the ground D saw the loose ball, picked it up, rose to his feet and put it in his pocket. D kept the ball hidden. D eventually held the ball in the air for others to see. When P saw that D had the ball, he expressed relief and grabbed for it. Neither the camera nor the percipient witnesses were able to establish whether P retained control of the ball as he descended into the crowd. We do not know when or how P lost the ball. We will never know if P would have been able to retain control of the ball had the crowd not interfered with his efforts to do so. P sued D for conversion, trespass to chattel, injunctive relief, and constructive trust.
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