Baseball? Bat? Doesn’t Matter in Ohio
In a case of first impression, an Ohio state appeals court has found no distinction between a baseball and broken bat flying into the stands in assessing whether a spectator, who was injured at a Cleveland Indians baseball game, can successfully sue the club for negligence.
Pointing to the doctrine of Primary Assumption of Risk, the appeals court affirmed a lower court's decision to grant summary judgment to the Cleveland Indians and the Office of the Commissioner of Baseball.
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