Friday, November 8, 2013

Costa v. The Boston Red Sox Baseball Club case brief

Costa v. The Boston Red Sox Baseball Club case brief summary
809 N.E.2d 1090 (2004)

Plaintiff sought review of an order from the Norfolk Superior Court (Massachusetts), which awarded summary judgment to defendant baseball club in a negligence action.

Plaintiff attended a baseball game at a stadium. A foul ball struck plaintiff in the face, causing severe, permanent injuries. Plaintiff brought a negligence action against the baseball club, seeking compensation for her injuries. Plaintiff contended that the baseball club was negligent in failing to warn spectators of the danger of being hit by a foul ball. The trial court granted the baseball club's motion for summary judgment.


  • On appeal, the court was persuaded that the potential for a foul ball to enter the stands and injure a spectator who was seated in an unscreened area was, as a matter of law, sufficiently obvious that the baseball club reasonably could have concluded that a person of ordinary intelligence would have perceived the risk and needed no additional warning. 
  • The court held that the baseball club had no duty to warn plaintiff of the obvious danger of a foul ball being hit into the stands.

The court affirmed the order of the trial court.

Suggested Study Aid For Sports Law

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