ROUNTREE v. BOISE BASEBALL, LLC

No. 38966.

296 P.3d 373 (2013)

Bud ROUNTREE, Plaintiff-Respondent, v. BOISE BASEBALL, LLC, a Delaware limited liability corporation d.b.a. Boise Baseball, d.b.a. Boise Baseball Club d.b.a. Boise Hawks Baseball Club LLC, d.b.a. Boise Hawks, Boise Baseball, LLC, an Idaho limited liability corporation d.b.a. Boise Baseball, d.b.a. Boise Baseball Club, d.b.a. Boise Hawks Baseball Club, LLC, d.b.a. Boise Hawks, Boise Hawks Baseball Club, LLC, an assumed business for Boise Baseball, LLC; Home Plate Food Services, LLC, an Idaho limited liability corporation, (only the foregoing are Appellants herein); Memorial Stadium, Inc.; Wright Brothers, The Building Company, an Idaho general business corporation, Triple P, Inc., an Idaho general corporation, Diamond Sports, Inc., a New York corporation, Diamond Sport Corp., an Idaho corporation, Diamond Sports Management and Development, LLC, an Idaho limited liability corporation; Ch2M Hill, Inc., a Florida corporation d.b.a. Ch2M Hill, Ch2M Hill Constructors, Inc. d.b.a. Ch2M Hill, Ch2M Hill E & C, Inc., d.b.a. Ch2M Hill, Ch2M Hill Engineers, Inc. d.b.a. Ch2M Hill, Ch2M Hill Industrial Design and Construction, an assumed business name of Ch2M Engineers, Inc., CH2M Engineers, Inc., Ch2M Hill, a foreign corporation doing business in Idaho under the name Ch2M Hill; William Cord Pereira; Robert Pereira, and John Does I through X, whose identities are unknown, Defendants.

Supreme Court of Idaho, Boise, January 2013 Term.

February 22, 2013.


Attorney(s) appearing for the Case

Elam & Burke, P.A., Boise, for appellants. Joshua S. Evett argued.

Seiniger Law Office, P.A., Boise, for respondent. William Breck Seiniger argued.


J. JONES, Justice.

This is a permissive appeal of an interlocutory order that declined to limit the duty owed by baseball stadium owners and operators to spectators injured by foul balls. Boise Baseball, LLC, Boise Hawks Baseball Club, LLC, and Home Plate Food Services, LLC, (collectively "Boise Baseball") sought, and we granted, a permissive appeal of the district court's order. We affirm.

I.

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