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

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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.

 

Chad Kuhl underwent elbow surgery

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Per Todd Tomczyk, the Pirates’ director of sports medicine, starter Chad Kuhl underwent right elbow surgery on Wednesday, MLB.com’s Adam Berry reports. The Pirates should provide more details about the nature of the surgery and Kuhl’s timetable soon.

Kuhl, 26, has been out of action since late June with a strained right forearm. He had been on a throwing program but experienced a setback earlier this month.

This season, Kuhl made 16 starts, putting up a 4.55 ERA with 81 strikeouts and 33 walks across 85 innings.