John Coomer claims he suffered a detached retina and other injuries when a foil-wrapped hot dog chucked by Kansas City Royals mascot Sluggerrr smacked him in his left eye.
Despite a jury ruling last year that that being struck by airborne groceries was an inherent risk that Coomer assumed by buying a ticket, the Missouri Western District Court of Appeals has given Mr Coomer another strike, reports the Kansas City Star.

Air cannon

‘The risk of being hit in the face by a hot dog is not a well-known incidental risk of attending a baseball game,’ the court ruled. ‘Consequently, a plaintiff may not be said to have consented to, and voluntarily assumed, the risk by attending the game.’
The alleged incident occured between innings as Sluggerrr stood on a dug-out roof and fired hot dogs into the stands with an air cannon.
According to Mr Coomer’s sut, Sluggerrr tried a behind-the-back trick shot but lost control of the sausage.
Royals  lawyer Scott David Hofer defended the jury’s original verdict and described any instruction error from the trial judge as ‘harmless’.