Kansas City Royals mascot Sluggerrr is going back to court for allegedly beaning a guy in the eye with a hot dog.
On Tuesday, a Missouri appeals court reinstated John Coomer's lawsuit, which claims that he suffered a detached retina and other injuries after getting pegged by a dog tossed by the mascot, according to The Kansas City Star.
Coomer had sued the Royals for damages for the alleged incident. Coomer claimed that Sluggerrr tried a behind-the-back toss, but something went horribly wrong.
In March 2011, a Jackson County jury found Coomer 100 percent at fault for being in the hot dog's path, finding that there's certain risks you take when buying a ticket to a baseball game.
Not so, according to the Missouri Western District Court of Appeals: "(T)he risk of being hit in the face by a hot dog is not a well-known incidental risk of attending a baseball game. Consequently, a plaintiff may not be said to have consented to, and voluntarily assumed, the risk by attending the game."
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