Appeals court reverses the Royals’ victory in the infamous hot dog-throwing lawsuit


Great moments in court of appeals rulings.

You may recall that a Kansas man sued the Kansas City Royals, alleging that a hot dog thrown by the team’s mascot — Sluggerrr — at a September 2009 game struck him in the eye and detached his retina. The case went to trial in 2011 and the Royals — and Sluggerr — won.  The plaintiff appealed. He just won the appeal.

Short version: the appeals court did not agree with the trial court’s instructions on assumption of the risk.  Presumably this means a retrial. Or, more likely, a settlement of some kind.

You can read the opinion, complete with factual background, here.


Braves pitcher Matt Marksberry woken up from medically induced coma

ATLANTA, GA - AUGUST 4: Matt Marksberry #66 of the Atlanta Braves throws an eighth inning pitch against the San Francisco Giants at Turner Field on August 4, 2015 in Atlanta, Georgia. (Photo by Scott Cunningham/Getty Images)
Scott Cunningham/Getty Images

David O’Brien of the Atlanta Journal-Constitution reports that Braves pitcher Matt Marksberry has been woken up from a medically-induced coma at an Orlando-area hospital. Marksberry complained of stomach pain and went in for a colonoscopy on Tuesday. During the procedure, he suffered a seizure and a collapsed lung.

Marksberry’s brother Ethan said on Facebook that doctors were removing an endotracheal tube, preparing to wake him from from the coma.

Marksberry tweeted on Monday:

Here’s hoping for the best for Marksberry as he recovers from this scary health issue.

Marksberry, 26, missed the last two months of the season with a shoulder injury. He spent most of the season with Triple-A Gwinnett but did face 17 batters at the big league level for the Braves this season.

Here are the lineups for NLCS Game 5

David Ross
Getty Images

It’s tied 2-2, but if you’re like most people you have feelings about who has an edge.

Maybe you’re a “momentum” person and you like the Cubs’ current vibe because they scored a bunch last night. Maybe you’re a “momentum is your next day’s starting pitcher” guy, and you prefer either Jon Lester or Kenta Maeda. Or maybe you’re playing chess with all of this and thinking a couple of moves ahead. As in “yes, the Cubs have an advantage tonight because Lester is better than Maeda, but if they DON’T win tonight they’re screwed because then they have to face Kershaw and Hill in Games 6 and 7.”

I dunno. I find all of that rather exhausting. Let’s just watch and see what happens. Here’s who will be doing the happening:


1. Dexter Fowler (S) CF
2. Kris Bryant (R) 3B
3. Anthony Rizzo (L) 1B
4. Ben Zobrist (S) LF
5. Javier Baez (R) 2B
6. Jason Heyward (L) RF
7. Addison Russell (R) SS
8. David Ross (R) C
9. Jon Lester (L) LHP


1. Kiké Hernández (R) 2B
2. Justin Turner (R) 3B
3. Corey Seager (L) SS
4. Carlos Ruiz (R) C
5. Howie Kendrick (R) LF
6. Adrian González (L) 1B
7. Yasiel Puig (R) RF
8. Joc Pederson (L) CF
9. Kenta Maeda (R) RHP