Lowe

John Lowe (Plaintiff) was seriously injured when struck on the left side of his face by a foul ball while attending a professional baseball game. The game was being played at “The Epicenter,” home field of the Rancho Cucamonga Quakes, Class “A,” minor league baseball team.

The Quakes, at their home games, feature a mascot who goes by the name of “Tremor.” He is a caricature of a dinosaur, standing seven feet tall with a tail which protrudes out from the costume. Tremor was performing his antics in the stands just along the left field foul line. Tremor was behind plaintiff and had been touching him with his (Tremor’s) tail. Plaintiff was thereby distracted and turned toward Tremor. In the next moment, just as plaintiff returned his attention to the playing field, he was struck by a foul ball before he could react to it.

Very serious injuries resulted from the impact. As a result, the underlying action was commenced against the California League of Professional Baseball and Valley Baseball Club, Inc., which does business as the Quakes (defendants). The case was resolved in the trial court by summary judgment entered in favor of defendants.

Defendants were able to…