Costa v. The Boston Red Sox Baseball Club

809 N.E.2d 1090 (2004)

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Costa v. The Boston Red Sox Baseball Club

Appeals Court of Massachusetts
809 N.E.2d 1090 (2004)

SC

Facts

Within ten minutes of sitting down to watch a Boston Red Sox (defendant) baseball game at Fenway Park, Costa (plaintiff) was struck in the face by a line drive foul ball hit by a Red Sox player. Costa’s injuries were severe and permanent. Costa brought suit against the Red Sox on the tort theory of negligent failure to warn of the danger of being hit by a foul ball. The Superior Court granted the Red Sox’s motion to dismiss and Costa appealed.

Rule of Law

Issue

Holding and Reasoning (Cohen, J.)

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