Thurmond v. Prince William Professional Baseball Club, Inc.
2003 Va. LEXIS 1, 574 S.E. 2d 246, 265 Va. 59 (2003)
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Rule of Law:
An adult spectator of ordinary intelligence who is familiar with the game of baseball assumes the normal risks of watching the game, including the danger of being hit by a batted ball, when they voluntarily sit in an unscreened seating area.
Facts:
- In August 1997, Donna P. Thurmond attended a 'Class A' minor league baseball game hosted by the Prince William Cannons.
- Warning signs were posted at entrances to seating areas stating: 'Be Alert! Objects batted or thrown into the stands may be dangerous.'
- The back of each admission ticket also contained a printed warning stating the holder assumes all risk of injury from thrown or batted balls.
- Thurmond sat with her family in an unscreened area 'high in the bleachers' on the third base side of the stadium.
- Although it was her first visit to this stadium and she did not read her ticket's warning, Thurmond remained alert and watched the hitters and batted baseballs throughout the game.
- During the eighth inning, a line drive foul ball was hit in her direction.
- Thurmond saw the ball approaching but it was moving too rapidly for her to take evasive action, and it struck her in the face, causing serious injuries including facial fractures and nerve damage.
Procedural Posture:
- Donna P. Thurmond filed a motion for judgment against the Prince William Professional Baseball Club, Inc. (the Cannons) and the St. Louis Cardinals, L.P. in the trial court, alleging negligence.
- The defendants filed a motion for summary judgment, arguing that Thurmond assumed the risk of injury as a matter of law.
- The trial court awarded summary judgment in favor of the defendants.
- Thurmond, the appellant, appealed the trial court's judgment to the Supreme Court of Virginia.
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Issue:
Does a spectator at a professional baseball game, who is familiar with the game and sits in an unscreened area, assume the risk of being injured by a batted foul ball as a matter of law, thus barring recovery in a negligence action?
Opinions:
Majority - Justice Keenan
Yes, a spectator familiar with baseball assumes the risk of being injured by a batted foul ball as a matter of law. Virginia's doctrine of assumption of risk operates as a complete bar to recovery and uses a subjective standard, asking whether the plaintiff fully understood the nature of a known danger and voluntarily exposed themselves to it. The court adopts the majority rule from other jurisdictions that a spectator assumes the normal risks of watching a baseball game, including being hit by a foul ball in an unscreened area. Here, reasonable persons could not disagree that Thurmond, by watching more than seven innings of the game, was familiar with the risks inherent to baseball and voluntarily exposed herself to the danger of being hit by remaining in an unscreened seat. Her arguments regarding inadequate lighting or improper field dimensions are immaterial because she admitted seeing the ball approach and the inherent risk of an errant foul ball exists regardless of minor variances in field dimensions.
Analysis:
This decision formally adopts the so-called 'Baseball Rule' in Virginia, aligning the commonwealth with the majority of jurisdictions on spectator injuries at sporting events. The court integrates this rule into Virginia's existing subjective assumption of risk doctrine, maintaining the focus on the particular plaintiff's knowledge and voluntariness. However, the ruling suggests that for an adult of ordinary intelligence who observes a game for a significant period, this subjective knowledge can be established as a matter of law, making it more challenging for such plaintiffs to overcome summary judgment. This precedent solidifies a significant legal protection for operators of baseball stadiums against negligence claims for common, game-related injuries.
