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5 Sports Facilities & L. 1 (2020-2021)

handle is hein.hackneytwo/spfl0005 and id is 1 raw text is: V : 244 0 t2 V .0.. S P O R T S F AI and the By Nathan J. Law and Nathaniel D. French On August 27, 2018, spectator Laiah Zuniga (Ms. Zuniga) attended a baseball game between the Chicago Cubs (Cubs) and New York Mets at Chicago's historic Wrigley Field. She purchased a ticket for a seat in the Club Box - Outfield in the second row. In the fifth inning of the game, Ms. Zuniga was struck in the face by a foul ball off the bat of a Mets player and alleg- edly suffered significant injuries including facial fractures and nerve damage. On April 28, 2020, Ms. Zuniga filed a lawsuit in the Circuit Court of Cook County, IL against Major League Baseball (MLB), claiming the sports league was negligent in its failure to mandate member teams, such as the Chicago Cubs, to provide netting to protect her and other fans and failing to properly warn of the dangers posed by batted balls leaving the field of play. Additionally, Ms. Zuniga alleges that MLB owed her a duty of reasonable care to protect her from the known risk of serious injury or death posed by baseballs being hit into the stands, and that MLB voluntarily undertook this duty. In addition to her claims against MLB, Ms. Zuniga has named the Cubs as respon- dent in discovery in her complaint. The Illinois respondent in discovery statute, presently codified as 735 ILCS 5/2 402, provides that as long as a person or entity is named as a respondent in discovery within the statute of limitations period, a plaintiff then has an additional six months to obtain information which may indicate that the named person or entity should be converted to a defendant. Ms. Zuniga will have until late October to decide whether to make the Cubs a defendant in her present case. To make a successful case against the Cubs, Ms. Zuniga will have to navigate around the Baseball Facility Liability Act. The Act, codified at 745 ILCS 38/49, limits liability for the owners and operators of baseball facilities in Illinois. TheAct provides: The owner or operator of a baseball facility shall not be liable for any injury to the person or property of any person as a result of that person being hit by a ball or bat unless: (1) the person is situated behind a screen, backstop, or similar device at a baseball facility and the screen, backstop, See Curt t Decie on ag- By Gil Fried On Aug. 25, 2014, Plaintiff was injured when he hit a road barrier with his bicycle. Plaintiff was pre-riding the designated course for the 2014 USA Cycling Masters Road Championship. There was no signage or marking of the road barrier on the course map given to riders. The Plaintiff sued USA Cycling, Inc. (USAC), Breakaway Promo- tions, LLC (Breakaway), and Visit Ogden for negligence. Visit Ogden moved for sum- mary judgment arguing that as a matter of Court Compels Arbitraton In Indoor Trampoline Park Actor law it did not owe Plaintiff a duty of care. Plaintiff alleged that by entering into a contract with USCA (the Contract) to assist with the race, Visit Ogden owed him a duty to provide a safe course; that it breached that duty by failing to warn him of the barrier that was on the course prior to race day; that its failure to warn caused him to crash into that barrier; and that he suffered injuries as a result ofthe crash. Visit Ogden argued that Plaintiff's claim fails Se D cisn nPg2 7 CQ~YR~ 2C2~ EAACKThJEY Pu3LK7~A~flON~S ~iACKN~EY~UBLGATONS.COM; Dcisio line RcAciet Cse Hihlghs eed t Deliete ties Fair or Foul: Chicago Court as To Decide if Fans Can Sue IVILB For injuries From Baseballs Entering The Stands

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