Fish

Fish v. Los Angeles Dodgers Baseball Club

Caution
128 Cal. Rptr. 807·1976 Cal. App. LEXIS 1387·56 Cal. App. 3d 620·91 A.L.R. 3d 1
Court of Appeal of CaliforniaMarch 26, 1976Civ. 44719California2,725 words

Opinion

Opinion

Potter, J.

Plaintiffs Marvin Fish and Francine R. Fish appeal from a judgment in favor of defendants Los Angeles Dodgers Baseball Club and Glen E. Jones, M.D., upon a jury verdict. The complaint was for damages for the wrongful death of plaintiffs’ 14-year-old son, Alan, who died following his being struck by a line-drive foul while watching a Dodger baseball game. Originally, other defendants were named, but they were dismissed prior to submission of the case to the jury. The complaint asserted liability against the Dodgers on two theories: (1) failure to provide, the decedent “with a safe place to witness the ball game” (first cause of action), and (2) providing emergency medical services to decedent in a negligent manner (second cause of action). Defendant Glen E. Jones, M.D., the doctor who operated the emergency medical facility at the stadium, was also named in the malpractice cause of action. The cause of action against defendant Dodgers for failure to provide a safe place to witness the baseball game was disposed of by the court granting a motion for nonsuit as to that cause of action. The case was submitted to the jury solely on the malpractice issues, against Dr. Jones as…

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