Thurmond v. Prince William Professional Baseball Club, Inc.

Donna Thurmond (plaintiff) attended a baseball game conducted by the Prince William Professional Baseball Club, Inc. (the club) (defendant). Spectators entering the stadium were warned of the risk of being struck by batted or thrown objects by signs stating, “Be Alert! Objects batted or thrown into the stands may be dangerous.” The back of each admission ticket also warned that the ticket holder assumed all risks incidental to the game of baseball, including injury from batted or thrown balls. Spectators could request seats in a screened area if they were uncomfortable sitting in unscreened areas. Thurmond, however, was unaware of this option and sat high in the bleachers on the third-base side. Thurmond was aware of the general risks associated with baseball and remained alert throughout the game, watching hitters and batted balls. During the eighth inning, a foul ball was hit toward her. Thurmond observed the ball approaching but was unable to take evasive action due to its speed. The ball struck her on the right side of her face, causing severe injuries. Thurmond filed a negligence claim against the club, alleging that it failed to provide adequate warnings and maintain the stadium in a safe condition to prevent injuries to invitees. The club responded that Thurmond voluntarily assumed the risk of injury by choosing to sit in an unscreened area. The trial court granted summary judgment for the club. Thurmond appealed.