Question

A minor league ballplayer hit a fly ball over the wall and out of the park during a game and struck a woman riding along the adjacent street on a bicycle. The woman sued the ballplayer for negligence. The woman alleged that the ballplayer had often hit balls out of the park and was aware that he had previously struck a car driving down the street.

Assuming the woman's allegations are correct, is she likely to prevail?

Answer 1

No, the woman is not likely to prevail as the minor league ballplayer cannot be said to have breached a duty of care towards the woman.

Explanation:

• The allegations made by the woman would most probably be treated as done out of utter anger. Moreover, the fact that it is possible that the ball may go beyond the walls of the park while playing is both reasonable and acceptable.
• Hence, the allegations done by the woman would not be taken as seriously as far as the breach of duty of care is concerned.