A third lawsuit was just decided in a court of appeals on Monday, believe it or not. The case involved Ronald Alwin and the independent minor league club, the Saint Paul Saints. It turns out those disclaimers on the ticket backs DO stand up. Here’s the AP story:
Fan loses battle with St. Paul Saints in appeals court
Associated Press
ST. PAUL - The St. Paul Saints scored a legal victory Tuesday in the Minnesota Court of Appeals, which refused to reinstate the lawsuit of a fan injured by a foul ball.
Ronald Alwin, 53, of Blaine, sued the team after being hit by a foul ball a couple of summers ago while returning to his bleacher seat from a restroom-concession area. Alwin argued his view was obstructed, and that the team should have taken more care to protect spectators who couldn’t see the batter or game from that area of the ballpark.
Alwin lost a tooth and had to have dental procedures done to repair the damage. He sought reimbursement for those costs.
A unanimous three-judge panel of David Minge, R.A. “Jim” Randall and Bertrand Poritsky agreed with a Ramsey County judge who earlier ruled for the Saints, a minor league team that plays at Midway Stadium.
Minge wrote in his opinion that the Saints warn fans of wayward ball dangers on the backs of tickets, signs posted throughout the stadium and with a loudspeaker announcement before gametime.
“As a spectator, Alwin primarily assumes the risk inherent to the game, which includes being hit by a foul ball,” Minge wrote.
Alwin was disappointed with the ruling.
“The biggest thing is it would be a shame if they’re not made to correct that situation,” he said. “It can happen to anybody.”