John Coomer was at a game when Slugger, the mascot for the Kansas City Royals "climbed atop the third base dugout and started shooting hotdogs into the stands from an air gun." Coomer claims Slugger eventually put the air gun down -- and started firing
off the wieners by hand. Coomer claims "Slugger lost control of his throw or was reckless with his throw, and threw the hotdog directly into the Plaintiff." Coomer claims the hotdog hit him right in his left eye -- leaving him with a detached retina and the development of cataracts. Coomer sued the Royals for more than $25k claiming they "failed to adequately train its agents ... in the proper method in which to throw hotdogs into the stands at Kauffman Stadium." Did they breach that duty? In other words, what evidence would you want to know about to determine if the conduct at issue was substandard?
Breach issue-- whether or not there is a standard set for the process of throwing hotdogs in a stadium. If there is a standard, has Slugger been trained? Maybe also determine if he had been instructed properly on never to throw them by hand and to always use the air gun which had the proper velocity. These considerations are evaluated against whether or not it was just a freak, unavoidable accident.
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