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Turner v. Mandalay Sports Entertainment, LLC

Supreme Court of Nevada
180 P.3d 1172 (2008)


Facts

Kathleen and Michael Turner (plaintiffs) owned season tickets for home games played by the Las Vegas 51s (defendants) at Cashman Field. The 51s were owned and operated by Mandalay Sports Entertainment, LLC (defendant). While attending a game, the Turners went to the Beer Garden, which was a concession area on the upper concourse. The Beer Garden was the only concession area that was not protected from foul balls by a screen. Kathleen sat at a table to eat a sandwich. From this location, Kathleen could not see any part of the field. A foul ball hit Kathleen in the face, broke her nose, and caused a cut. The Turners sued the 51s and Mandalay Sports Entertainment, LLC, alleging negligence. The 51s moved for summary judgment, arguing that the 51s did not owe the Turners any duty and that the risk of foul balls was known and obvious. The trial court granted the motion, and the Turners appealed.

Rule of Law

Issue

Holding and Reasoning (Parraguirre, J.)

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