The hot dog-throwing mascot case has gone up to the supreme court and still continues on

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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.