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. In early 2013 he won his appeal. The Royals appealed it to the Missouri Supreme Court.
Yesterday, the supreme court ruled in favor of the fan again, throwing out the jury verdict for the last time and sending the case back for a re-trial.
Again: a case involving a guy in a lion suit throwing a hot dog at a guy is likely to enter its sixth year soon. And, I assume, a fact pattern involving a mascot throwing concessions at fans at a sporting event is also entering its sixth year as a fact pattern on first year torts exams in law schools around the country.
The Brewers announced on Tuesday that reliever Boone Logan has been designated for assignment and starter Freddy Peralta has been recalled from Triple-A Colorado Springs. Peralta will start on Tuesday evening against the Pirates, opposite Jameson Taillon at PNC Park.
Logan, 33, has struggled this season, serving up seven runs on 15 hits and 10 walks with 14 strikeouts in 10 2/3 innings. The lefty inked a one-year, $2.5 million contract with the Brewers in January, but he missed the first six weeks of the season with a triceps injury.
Peralta, 22, made his major league debut last month, making a stellar start against the Rockies at Coors Field. He struck out 13 batters over 5 2/3 scoreless innings. He made another, less successful start against the Twins before heading back to the minors. With Colorado Springs, Peralta owns a 2.75 ERA with 84 strikeouts and 27 walks over 59 innings.