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3 Sports Facilities & L. 1 (2018-2019)

handle is hein.hackneytwo/spfl0003 and id is 1 raw text is: July-August 2018 . Volume 3, Issue 1 SPORTS FACILI ' and the Another Fan Hit in the Eye With a Hot Dog? The Phillies Won't Relish This Potential Lawsuit By Joshua D. Winneker, JD ecently, during a Philadelphia Phillies' ome game, the Philly Phanatic mascot engaged in his customary hot dog launch to the fans sitting behind home plate. Every fan, however, did not enjoy the flying food as Kathy McVay was sent to the hospital after being struck in the face with a hot dog wrapped in duct tape. McVay stated that the hot dog came out of nowhere knocking the glasses off her face. She underwent a CT-Scan and was diagnosed with a hematoma in her eye. Fortunately for the Phillies, McVay is a fan and reportedly is not seeking legal action at this time leaving the Phillies' apology and offer of future tickets as a possible resolu- tion to the matter. Even though some may find this comical (which McVay also noted), her injuries were real and she is not precluded from filing a negligence lawsuit at a later date as long as it is within the applicable statute of limita- tions. If she did pursue a lawsuit against the Phillies, through the actions of its employee the Phanatic, would she be successful? The short answer is potentially yes. Patrons in the stands of a baseball stadium getting hit by flying objects and subsequently filing lawsuits against the stadium owners are not a novel concept. In fact, there is a large body of case law dealing with this subject with jurisdictions varying on how they handle these types of cases. Some jurisdictions follow what is known as the limited duty rule or the baseball See Another Fan on Page 10 New York Jets Fans to Team: You Devalued Our PSLs By Jordan Kobritz he New York Jets, who have struggled to compete against NFL teams, find themselves in a battle with a group of their disgruntled fans. The team is a defendant in a class-action lawsuit brought by James Gengo, a sea- son ticket holder. Gengo says the team is selling season tickets to purchasers who do not have personal seat licenses (PSLs), a practice Gengo alleges in his complaint renders current PSL hold- ers' licenses entirely or substantially worthless. In order to raise their portion of the cost of building MetLife Stadium, which the teams shares with the New York Giants, the Jets sold PSLs for ap- proximately two-thirds of the seats in the new stadium. Purchasing a PSL was a pre-requisite to purchasing season tickets for Jets' games. The PSLs originally sold for as much as $25,000 in choice seating areas, although Gengo paid only $8,000 See New York on Page 12 immunity in Lawsuit Liver Failure to Pad Gym Wall I I What We Can Learn From the Reggie Bush Case 13 MGM Claims the Safety Act Precludes finding of Liability 14 CO PY R IGHT Q 2018I - HAC(KNIEY PUIBL ICA 'T IONS (HAC KNEYPUBILICA/'T IONSCM Route To: / /

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