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Tucker v. ADG9/21/2004
_ P.3d __
The issue in the present cause is whether the trial court erred in entering judgment as a matter of law in favor of Defendants/Appellees in accordance with Hull v. Oklahoma City Baseball Co., 1945 OK 194, 163 P.2d 982, which held a spectator seated in an unscreened portion of a grandstand at a baseball game assumes all normal or ordinary risks attendant upon the use of the premises. Plaintiffs/Appellants seek the overruling of Hull in the instant appeal. We hold that the trial court correctly entered judgment as a matter of law in favor of Defendants in this case and we further hold that Hull remains the rule of law in Oklahoma.
I. FACTS AND PROCEDURAL HISTORY
Plaintiffs, R. Keith Tucker and Pam Tucker filed the instant action on August 8, 2002 , seeking compensatory and punitive damages for injuries allegedly caused by the wanton, reckless and gross negligence of the Defendants (Redhawks, lessee and operator of the ball park/stadium, ADG, Inc., a/k/a Architectural Design Group, Inc., the architectural firm/designer of the stadium, and S.M.G., the stadium consultant, respectively). Plaintiffs' Petition alleged that on April 17, 1998, while Plaintiffs attended a Redhawks baseball game at the Redhawks stadium in Oklahoma City, Oklahoma, Plaintiff, R. Keith Tucker was injured when a foul ball struck his left facial and eye area. Plaintiffs specifically alleged they were "on Defendant's premises as a business invitee in the luxury suite seating area."
Plaintiffs alleged Defendants "negligently fail to provide a reasonably safe facility and premises, which complied with architectural design standards and baseball stadium and seating standards, as well as use of protective devices, nets, and other available safeguards available on the market." Plaintiffs further alleged Defendant Redhawks failed to warn Plaintiff "of known dangers on Defendant's premises, which Defendants created" and the " he protective net behind home plate was dangerous in design and wasn't large enough and was too low to protect the Plaintiff from injury."
In addition to their negligence claims, Plaintiffs seek punitive damages for the alleged wanton, reckless and gross negligence of Defendants. Specifically, Plaintiffs allege Defendants "knew of the statistics of injury resulting form failure to properly safeguard the baseball patrons under similar circumstances and willfully and recklessly failed to warn the patron or to take any reasonable safeguards to compensate for the dangerous design of the premises by proper netting and other measures available in the industry." Finally, Plaintiffs' Petition included allegations of breach of contract and express and implied warranties.
On the same date of filing of its Answer, S.M.G. filed its Motion to Dismiss and Brief in Support, seeking dismissal of Plaintiffs' breach of contract and breach of express and implied warranty claims for failure to state a claim upon which relief can be granted on the basis that there was no contract or warranty, express or implied between Plaintiffs and S.M.G.
Defendants ADG, Inc. and Redhawks likewise filed respective Motions to Dismiss and Briefs in Support pursuant to 12 O.S. ยง 2012(B) (Supp. 2003) on the basis of statute of limitations. In the alternative, ADG, Inc. sought dismissal of Plaintiffs' breach of contract, warranty and negligence claims for failure to state a claim upon which relief can be granted. Regarding the negligence claims, ADG, Inc. argued Plaintiff voluntarily assumed the risk of injury while attending a baseball game, citing Hull v. Oklahoma City Baseball Co., 1945 OK 194, 163 P.2d 982.
Plaintiffs' October 15, 2002 Re
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