UPDATE (4-17-2008) On April 17, 2008, the Nevada Supreme Court affirmed, in a 4 to 3 decision, the district court ruling granting summary judgment against Ms. Turner. The 3 dissenting justices would have limited the stadium's immunity under the so-called "baseball rule" to the stands and therefore allowed the case to go to a jury to determine whether the stadium had acted negligently in this case.
UPDATE (1-3-2008) On December 28, 2007 the Chief Justice of the Nevada Supreme Court issued an order submitting this appeal, previously being heard by a three-judge panel, to the full seven-member Court for decision.
BRIEFS IN THE NEVADA SUPREME COURT FOUL BALL / BASEBALL RULE CASE:
Below are the appellate briefs filed in Kathleen Turner and Michael Turner v. Mandalay Sports Entertainment. This is the Nevada Supreme Court case involving the "baseball rule."
Mrs. Turner was injured by a foul ball at Cashman Field, a minor league baseball stadium in Las Vegas, Nevada during a Las Vegas 51s game. Mrs. Turner was not seated in the stands at the time. She was eating a sandwich at a table in the Beer Garden, a casual dining area on the mezzanine level of the stadium high above the third base line. From where she was seated, she could not see the field and never saw the ball before it hit her between the eyes, causing her serious injury. Mrs. Turner's attorneys alleged that the stadium was negligent in not providing any protective screening in the Beer Garden or warning of the increased danger from foul balls in that area. The stadium denied any liability, arguing that it had no duty to protect spectators other than to screen the seating area directly behind home plate, which it did. The district court agreed and granted summary judgment in favor of the stadium. The case is now under consideration by the Nevada Supreme Court.
For more information, please contact Mrs. Turner's appellate attorney, Beau Sterling, or her trial attorney, Christopher Young.
ORAL ARGUMENT PODCAST (From the Nevada Supreme Court):