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THURMOND v. PRINCE WILLIAM, INC.

Record No. 020116.

574 S.E.2d 246 (2003)

265 Va. 59

Donna P. THURMOND v. PRINCE WILLIAM PROFESSIONAL BASEBALL CLUB, INC., et al.

Supreme Court of Virginia.

January 10, 2003.

Attorney(s) appearing for the Case

John P. Ellis (Jenine Elco Graves; Schwartz & Ellis, on briefs), Arlington, for appellant.

Mark R. Lightfoot, for appellees.

Present: All the Justices.

Opinion by Justice BARBARA MILANO KEENAN.

In this appeal, we consider whether the trial court erred in awarding summary judgment to the defendants in a negligence action on the ground that the plaintiff, a spectator at a "minor league" baseball game, assumed the risk of being struck by a batted "foul" ball.

Because this case was decided by summary judgment, we will state the facts, and the inferences from the facts...

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