Rountree (plaintiff) was a season ticket holder for the Boise Hawks baseball team. Many of the seats in the Hawks stadium, including Rountree’s seats, were covered by netting to protect spectators. Rountree was attending a Hawks game, sitting in an area not covered by netting, when he was struck by a foul ball. The incident resulted in the loss of his eye. Rountree sued Boise Baseball, LLC (Boise Baseball) (defendant) and others. Boise Baseball filed a motion for summary judgment based on (1) the Baseball Rule, with which Boise Baseball claimed it complied, and (2) the doctrine of implied assumption of risk. Boise Baseball noted the rarity of injuries due to foul balls at its stadium, and did not present evidence of the prevalence of such injuries at other stadiums. The district court denied the motion, finding that only the legislature could adopt the Baseball Rule. Boise Baseball appealed.