Supreme Court of Nevada, 124 Nev. 213, 180 P.3d 1172(2008)
PROCEDURAL HISTORY The case begin when Mrs. Turner filed a complaint in district court against the Las Vegas 51s, alleging negligence and Mr. Turner complaint for loss of consortium, and negligent infliction of emotional distress (NIED). The district court concluded that Mrs. Turner’s negligence claim failed because the Las Vegas 51s did not owe a duty to protect her from the foul ball in question. Also, Mr. Turner’s claim for loss of consortium and NIED failed because 51s satisfied their legal duty in this case as matter of law. The court entered summary judgment in the 51’s favor on that claim.
FACTS The plaintiff, Kathleen Turner and her husband attended a 51s game on May 4, 2002. They acknowledge that they were aware of the warnings as of the post warning signs and also a disclaimer that was included in the 51s tickets informing fans that the team is not responsible for injuries caused by foul balls. They left their assigned seats and headed over to the “Beer Garden”, which is located, several hundred feet from playing area. The Beer Garden is a place where patrons can eat and drink, it has a railing where patrons can stand and watch the game. Unlike other concession areas, the Beer Garden does not have a protective screen. While Mrs. Turner was seating in one of the tables, she was struck by a foul ball in her face. The impact rendered her unconscious and she required medical attention for injuries sustained. Mrs. Turner filed a complaint against the Las Vegas 51s claiming negligence and Mr. Turner for loss of consortium and NIED.
Do baseball stadium owners and operators have a duty to protect spectators against injuries caused by foul balls that are errantly projected into the stands?
No, the lower court granted summary judgment for the stadium owner and held that there was no duty by the owner to protect Mrs. Turner from