Court: California Courts of Appeal
Docket: E076374(Fourth Appellate District)
Opinion Date: January 7, 2022
Areas of Law: Civil Procedure, Entertainment & Sports Law, Personal Injury
This case law update is brought to you by Freeway Law auto accident and personal injury lawyers in Orange County. The following is not one of our cases, but it is of some significance, and we thought we should share it with our readers for informational purposes. The information above is for informational purposes only and not to be construed as legal advice.
In 2018, plaintiff-appellant Monica Mayes was struck in the face by a foul ball while attending an intercollegiate baseball game between two private universities, Marymount University (Marymount) and defendant-respondent La Sierra University (La Sierra). Mayes suffered skull fractures and brain damage, among other injuries. When struck by the foul ball, Mayes was seated in a grassy area along the third-base line, behind the dugout, which extended eight feet above the ground, and there was no protective netting above the dugout. Mayes sued La Sierra for her injuries, alleging a single cause of action for negligence for its failure to: (1) install protective netting over the dugouts; (2) provide a sufficient number of screened seats for spectators; (3) warn spectators that the only available screened seats were in the area behind home plate, and (4) exercise crowd control in order to remove distractions in the area along the third-base line that diverted spectators’ attention from the playing field. La Sierra moved for summary judgment, claiming that the primary assumption of risk doctrine barred Mayes’s negligence claim. The trial court agreed and granted the motion, observing that the case was “a textbook primary assumption of the risk case.” To this, the Court of Appeal reversed, finding La Sierra did not meet its burden of showing that the primary assumption of risk doctrine barred Mayes’s negligence claim. In addition, Mayes showed there were triable issues of material fact concerning whether La Sierra was negligent for the reasons she alleged in her complaint.