John Coomer Was at a Game When Slugger, the Mascot

question 74

Essay

John Coomer was at a game when Slugger, the mascot for the Kansas City Royals "climbed atop the third base dugout and started shooting hotdogs into the stands from an air gun." Coomer claims Slugger eventually put the air gun down -- and started firing off the wieners by hand. Coomer claims "Slugger lost control of his throw or was reckless with his throw, and threw the hotdog directly into the Plaintiff." Coomer claims the hotdog hit him right in his left eye -- leaving him with a detached retina and the development of cataracts. Coomer sued the Royals for more than $25k claiming they "failed to adequately train its agents ... in the proper method in which to throw hotdogs into the stands at Kauffman Stadium." Did they breach that duty? In other words, what evidence would you want to know about to determine if the conduct at issue was substandard?