Research Memo III (Pennsylvania Law)

Robert and the Pirates

Robert lives in Philadelphia, where he works as a concert violinist. He is a huge baseball fan and travels to as many stadiums as he can. Robert was visiting a friend in Pittsburgh, and they went to see the Pirates play the Phillies. While Robert and his friend were sitting in their seats by third base chatting with each other, one of the Pirates players hit a foul ball that went into the stands and struck Robert on the wrist. Robert was badly injured by the foul ball, and will not be able to play the violin for at least a year. He wants to know if he can sue the Pirates for damages.

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You have been asked to research Pennsylvania case law on the question of whether Robert can successfully sue the Pirates. *Do not address statutory law. Your memo should address each of the components below.

A. Legal Rule

What is the legal rule in Pennsylvania as to whether a spectator at a sports event can recover for accidental injuries? Support your answer with at least three cases. You should try to find binding precedent that addresses this question.

B. Application to Facts

Apply the legal rule from Part A to the facts of the case. Could Robert succeed if he filed a lawsuit against the Pirates? Support your answer by comparing this case to the cases that you found. If there are any additional facts about the case that would be helpful to know, state what they are.

Hint: Remember that secondary sources are a good way of finding information. You may want to start your research by consulting the Pennsylvania Law Encyclopedia.

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