Turner v. Mandalay Sports Entertainment, LLC

180 P.3d 1172 (2008)

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Nature of the Case

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Facts

D owned and operated the Las Vegas 51s, a minor league baseball team that plays its home games at Cashman Field. Ps owned season tickets for home games played by the 51s. The 51s include a disclaimer on their tickets informing fans that the team is not responsible for injuries caused by foul balls. The public address announcer at Cashman Field warns the crowd about the danger of foul balls hit into the stands before each 51s home game. The 51s also post warning signs at every Cashman Field entry gate, cautioning fans to stay alert because of the risks posed by foul balls. Ps acknowledge that they were aware of these warnings. Ps were attending a game and left their assigned seats and walked to the 'Beer Garden,' a concessions area, located in the upper concourse level above the stands. The Beer Garden is several hundred feet from the playing field. It contains tables and chairs where patrons can eat and drink but also has a railing where patrons can stand and continue to watch the game. Unlike other concession areas at Cashman Field, the Beer Garden has no protective screen surrounding it. Mr. Turner purchased a beverage for himself and a sandwich for his wife. Mr. Turner stood at the railing so that he could watch the game. Mrs. Turner, at one of the available tables. She was unable to see any part of the field from her table. A foul ball struck her in the face knocked her out, broke her nose, and lacerated her face. She never saw the ball coming and had no opportunity to get out of the way. Ps sued D for negligence, loss of consortium, and negligent infliction of emotional distress (NIED). D moved for summary judgment and it was granted. Ps appealed.