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Dalton v. Jones

There is no duty to warn spectators that an errantly thrown ball may enter the stands during a baseball game.

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Plaintiff Jacqueline Dalton filed a negligence action against Andruw Jones, a major league baseball player, and the Atlanta National League Baseball Club, Inc. Atlanta Braves seeking to recover for injuries she allegedly sustained when she was struck by an errant baseball. Finding that Dalton assumed the risk of injury, the trial court awarded summary judgment to both defendants. On appeal, Dalton contends that the trial court misapplied the doctrine of assumption of risk in the context of sports events and failed to properly apply the concept of gross negligence. We find no error and affirm. On June 6, 2000, Dalton attended an Atlanta Braves baseball game held at Turner Field. According to Dalton, as she “was beginning to proceed towards the concession stand,” she was suddenly hit in the face by a baseball. She alleged that Atlanta Braves’ outfielder Jones “was negligent in throwing a baseball in the stands in between innings of the game.” Claiming she sustained a permanent eye injury, she attributed that injury and “permanent disfigurement to her face” to the gross negligence of Jones. She also asserted that the Atlanta Braves were “negligent in not providing the Plaintiff with sufficient protection by failing to properly educate and train its players as to the potential danger of such acts, and for failing to provide equipment in the stands to protect the spectators.” Dalton’s lawsuit relied exclusively on theories of negligence and gross negligence and did not allege any intentional conduct.

Jones and the Braves asserted the affirmative defense of assumption of risk and also claimed that Dalton failed to exercise ordinary care for her own safety. The trial court found the defense of assumption of risk precluded Dalton’s recovery.

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