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BENEJAM v. DETROIT TIGERS, INC.

Docket No. 217727.

635 N.W.2d 219 (2001)

246 Mich. App. 645

Alyssia Maribel BENEJAM, a minor; Ysabel Benejam and Robert Benejam, Individually, Jointly and as Next Friends of Alyssia Maribel Benejam, Plaintiffs-Appellees, v. DETROIT TIGERS, INC., a Michigan Corporation, Defendant-Appellant.

Court of Appeals of Michigan.

Decided July 10, 2001, at 9:00 a.m.

Released for Publication October 9, 2001.

Attorney(s) appearing for the Case

James O. Elliott, Bloomfield Hills (Sommers, Schwartz, Silver & Schwartz, P.C. by Patrick Burkett, Southfield, of Counsel), for the plaintiffs.

Dickinson Wright PLLC (by Barbara H. Erard and Paul R. Bernard), Detroit, for the defendant.

Thomas, DeGrood, Witenoff & Hoffman, P.C. (by Gary N. Felty, Jr., and John J. Hoffman), Southfield, amicus curiae for Office of the Commissioner of Major League Baseball.

Before BANDSTRA, C.J., and ZAHRA and METER, JJ.

BANDSTRA, C.J.

In this case, we are asked to determine whether we should adopt, as a matter of Michigan law, the "limited duty" rule that other jurisdictions have applied with respect to spectator injuries at baseball games. Under that rule, a baseball stadium owner is not liable for injuries to spectators that result from projectiles leaving the field during play if safety screening has been provided behind home plate and there are a sufficient number of protected...

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