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Zittrain Torts Playlist Spring 2013

John Lowe, Plaintiff and Appellant, v. California League of Professional Baseball, et al., Defendants and Respondents.

Headnote

If an individual already assumes a certain level of risk, should a defendant be liable if he or she increases the level of risk? Plaintiff was distracted by defendant's mascot while attending a home game of the defendant's baseball team. Just as the plaintiff returned his attention to the playing field, a foul ball struck him before he could react. Serious injuries resulted from the impact.