« Ind. Gov't. - "Joy, confusion showered on NWI same-sex marriages" | Main | Ind. Decisions - Court of Appeals issues 2 today (and 7 NFP) »

Friday, June 27, 2014

Ind. Decisions - Supreme Court issues one today

In South Shore Baseball, LLC d/b/a Gary South Shore RailCats and Northwest Sports Venture, LLC v. Juanita DeJesus, a 12-page, 5-0 opinion, Justice Massa writes:

“It’s hard not to be romantic about baseball.” But are stadiums and franchises, by virtue of baseball’s status as our national pastime, governed not by our standard principles of premises liability but rather entitled to a special limited-duty rule? We think not. Nevertheless, we find the defendant in this case is entitled to summary judgment, so we reverse the trial court. * * *

Just after the start of play, the second batter hit a pop-up foul ball. DeJesus saw the batter make contact with the ball, and as she looked up to see where it had gone, it hit her in the face. As a result, she suffered serious injuries, including several fractured facial bones and permanent blindness in her left eye. * * *

A. We Decline to Adopt a Special Limited-Duty Rule for Baseball Stadiums and Franchises. * * *

B. There Is No Genuine Issue of Fact Regarding the Second Element of DeJesus’s Premises Liability Claim. * * *

C. There Is No Genuine Issue of Fact Regarding DeJesus’s Negligence Claim. * * *

We therefore reverse the trial court and remand this case for further proceedings consistent with our opinion today.

Posted by Marcia Oddi on June 27, 2014 11:11 AM
Posted to Ind. Sup.Ct. Decisions