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.
Update (12:58 AM ET): Per Henry Schulman of the San Francisco Chronicle, Samardzija has been diagnosed with a strained pectoral muscle. He’ll be shut down for a week. That’s good news for the Giants, considering the alternatives.
Giants starter Jeff Samardzija will undergo an MRI on his ailing right shoulder, according to NBC Sports Bay Area. The right-hander struggled in a minor league game on Wednesday, surrendering a pair of home runs and hitting a batter. Overall this spring, Samardzija has given up 15 runs (13 earned) on 17 hits (six homers) and seven walks with seven strikeouts in 11 innings.
This may mean Samardzija won’t be ready for the start of the regular season. Derek Holland would likely replace Samardzija in the rotation. Holland had been competing for the No. 5 spot in the Giants’ rotation.
Samardzija led the National League in losses last season with 15, also posting a 4.42 ERA with a 205/32 K/BB ratio in a league-high 207 2/3 innings. Since becoming a starter, Samardzija has been able to avoid injury, making 32 or 33 starts in each of the last five seasons.