Plaintiff Assumed Risk of Errant Throw in Warm-Up Drill
A Washington state appeals court has affirmed a district court's ruling dismissing the claim of a spectator, who was hit by a baseball that was accidentally thrown into the stands as two professional baseball teams were warming up for a game.
The panel of judges, specifically, concluded that the plaintiff was very much aware of the risk and that the defendants could not be held liable.
The incident leading to the litigation occurred on July 23, 2000, when Delinda Middleton Taylor a