Rountree v. Boise Baseball, LLC

Rountree (plaintiff), a season ticket holder, was struck by a foul ball and lost an eye while sitting in an unnetted section of Boise Baseball's (defendant) stadium. Boise Baseball moved for summary judgment based on the Baseball Rule (which it claimed to satisfy) and implied assumption of risk, but presented only evidence that such injuries were rare at its own stadium, without evidence about other stadiums' netting practices or injury rates generally. The district court denied the motion, ruling only the legislature could adopt the Baseball Rule, and Boise Baseball appealed.