Turner v. Mandalay Sports Entertainment, LLC
Supreme Court of Nevada
180 P.3d 1172 (2008)
Relevant factsFree
Kathleen Turner (plaintiff) was struck in the face by a foul ball while seated at the Beer Garden, the only concession area at the Las Vegas 51s' stadium not protected by a screen, and from which she couldn't even see the field; she and her husband sued the team and Mandalay Sports Entertainment (defendants) for negligence, and the trial court granted summary judgment finding no duty owed given the known, obvious risk of foul balls. The Turners appealed.
IssueFree
Whether primary implied assumption of risk bars recovery if a plaintiff impliedly assumes risks that are inherent in a particular activity.