Edward C. v. City of Albuquerque
New Mexico Supreme Court
241 P.3d 1086 (2010)
During pregame batting practice at a minor league stadium, a ball hit by player Dave Matranga struck Edward C.'s young son in the head while the family sat in the picnic area, fracturing his skull. Edward C. and his wife (plaintiffs) sued the Isotopes' ownership, the City of Albuquerque, Matranga, and others (defendants) for negligence; the trial court applied the traditional "baseball rule," which limits a stadium's duty to providing screening behind home plate, and granted summary judgment to the defendants since that screening existed. The court of appeals reversed as to the City and the Isotopes, holding the baseball rule didn't apply and an ordinary duty of care governed instead; the New Mexico Supreme Court took the case to decide whether to adopt a limited duty rule for stadium owners.
Whether a spectator at a commercial baseball stadium must exercise ordinary care to protect against the inherent risk of a foul ball, and whether the stadium's owner/occupant must exercise ordinary care not to increase that inherent risk.