TAYLOR v. BASEBALL CLUB OF SEATTLE, L.P.

No. 55803-0-I.

130 P.3d 835 (2006)

132 Wash.App. 32

Delinda Middleton TAYLOR, formerly known as Delinda Middleton, an individual, Appellant, v. The BASEBALL CLUB OF SEATTLE, L.P., a Washington corporation, also doing business as Baseball of Seattle, Inc., a related Washington corporation, Respondent, Washington Baseball Stadium Public Facilities District, a quasi-governmental entity; Jose Mesa and Mirla Mesa, individually and/or the marital community composed thereof; and Freddy Garcia, an individual, Defendants.

Court of Appeals of Washington, Division 1.

Publication Ordered March 22, 2006.


Attorney(s) appearing for the Case

Bradford James Fulton, Carter & Fulton PS, Everett, WA, for for Appellant.

Thomas Charles Stratton, Eklund Rockey Stratton PS, Seattle, WA, for Respondent.


DWYER, J.

¶ 1 During warm-up before a Seattle Mariners game, a pitcher accidentally threw a ball past his teammate into the stands, injuring Delinda Middleton Taylor. The trial court properly dismissed Taylor's negligence claim against the Mariners under the doctrine of implied primary assumption of risk. The court also properly admitted expert testimony from the Mariners' pitching coach. We affirm.

FACTS

¶ 2 On July 23, 2000, Delinda...

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