Mayes

I. INTRODUCTION

On April 22, 2018, plaintiff and appellant Monica Mayes was struck in the face by

a foul ball while attending an intercollegiate baseball game between two private

universities, Marymount University (Marymount) and defendant and respondent La

Sierra University (La Sierra). Mayes suffered skull fractures and brain damage, among

other injuries. When struck by the foul ball, Mayes was seated in a grassy area along the

third-base line, behind the dugout, which extended eight feet above the ground, and there

was no protective netting above the dugout.

Mayes sued La Sierra for her injuries, alleging a single cause of action for

negligence. Mayes alleged that La Sierra was negligent for multiple reasons, including

its failure to (1) install protective netting over the dugouts, (2) provide a sufficient

number of screened seats for spectators, (3) warn spectators that the only available

screened seats were in the area behind home plate, and (4) exercise crowd control in

order to remove distractions in the area along the third-base line that diverted spectators’

attention from the playing field.

La Sierra moved for summary judgment, claiming that the primary…