JONES V. THREE RIVERS MANAGEMENT CORP.
394 A.2d 546 (1978)
NATURE OF THE CASE: Jones (P) appealed an order reversing the order of the lower court
that found Three Rivers (D) negligent for injuries P sustained at a stadium.
FACTS: P was injured at Three Rivers Stadium, Pittsburgh, on July 16, 1970, the sport
facility's inaugural day. P was standing in this second walkway in the vicinity of a large
right field opening when she was struck in the eye by a ball hit during batting practice. P
testified that, although she saw some activity on the field, she was not aware that batting
practice had begun and did not see home plate. P turned away from the field of play, and
almost immediately heard a cry of 'Watch!' As she turned, again, toward the field, she was
struck in the eye by a batted ball. P had attended many of the 'home' games played at Forbes
Field, the Pirates' former stadium. The day she was injured marked her first visit to Three
Rivers Stadium. P testified that in Forbes Field patrons were not exposed to batted balls
until they had left the walkways and emerged onto ramps in the seating area. D presented no
evidence and moved for both nonsuits and directed verdicts. The trial court denied the
motions and submitted the case to the jury. After the jury's verdict for P, the trial court
denied Ds' motions for judgments notwithstanding the verdict. On appeal, a majority of the
Superior Court held that P failed to meet her burden of proving negligence and that the
trial court erred in denying the motions for judgments n. o. v. On this appeal Ds argue that
the defense of assumption of the risk precludes P's recovery. P contends that any injury
which occurs on a concourse behind the stands, from which the injured party could not and
did not see the source of danger, and which results from an unusually early batting practice
falls outside the scope of assumption of the risk.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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