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.

 

Cardinals place Carlos Martinez on 10-day disabled list with oblique strain

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The Cardinals have placed right-hander Carlos Martinez on the 10-day disabled list with a right oblique strain, per a team announcement on Saturday. The move is retroactive to July 20. No definite timetable has been set for his return to the rotation yet, but interim manager Mike Shildt told reporters he feels confident that Martinez will only need to skip one start before taking the mound again.

Martinez, 26, sustained the injury while trying to snare a line drive during Thursday’s 9-6 loss to the Cubs. It hasn’t exactly been smooth sailing for the righty this season, as he lost nearly four weeks to a right lat strain and pitched to a 5.32 ERA after returning to the Cardinals’ roster in early June. Overall, however, his numbers look a little stronger: He’s 6-6 in 17 starts with a 3.39 ERA, 4.5 BB/9 and 8.4 SO/9 through 95 2/3 innings.

In a corresponding move, right-handed reliever John Brebbia has been recalled from Triple-A Memphis. The 28-year-old Brebbia has already enjoyed three short-lived stints in the majors this season; he currently holds a cumulative 4.13 ERA, 2.2 BB/9, 9.9 SO/9 and two saves in 32 2/3 innings with the club.