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HAYMON v. PETTIT

9 N.Y.3d 324 (2007)

880 N.E.2d 416

849 N.Y.S.2d 872

JOAN HAYMON, Individually and as Mother and Natural Guardian of L.H., an Infant, Appellant, v. DONALD J. PETTIT et al., Defendants, and AUBURN COMMUNITY NON-PROFIT BASEBALL ASSOCIATION, INC., Respondent.

Court of Appeals of the State of New York.

Decided November 20, 2007.

Attorney(s) appearing for the Case

Damon & Morey LLP, Buffalo (Michael J. Willett and Steven M. Zweig of counsel), for appellant.

Roemer Wallens & Mineaux, LLP, Albany (Matthew J. Kelly and Amanda Davis Twinam of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

In this appeal we are asked to decide whether a baseball park operator owes a duty to warn or protect nonpatron spectators who are injured while chasing foul balls that are hit out of the stadium. Under the circumstances presented, we conclude that no duty exists.

Plaintiff's then 14-year-old son, L.H., was injured when he was struck by an automobile driven by defendant, Donald Pettit. Specifically, L.H. chased a foul...

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