Woman attempting to sue Red Sox over foul ball- dismissed because danger was "obvious" -

Perhaps the return to sanity in courts?

Maybe riding a train entails danger as well...



ESPN ARTICLE ON FOUL BALL "RECIPIENT"
superheater62@yahoo.com

Hi Supes
It probably was just a fluke it happened like that. you dont hear of anyone who gets hit by flyiong objects at Auto Races sueing either
Andrew Martin

amartin@wlu.edu

> Perhaps the return to sanity in courts?

Naw. Not likely.

But seriously now....

The woman in question had the bad fortune to be forced to sue in a Massachusetts state court which sits about a half mile from Fenway. Think there might be some Red Sox fans in that courthouse?

What she really should be sad about is that her attorney was unsuccessful at "venue shopping." Often, in the administration of justice, the location of the courthouse is as important as the facts of the case.

Case in point: When I worked for the Gulf & Mississippi, we occasionally had to threaten to sue an unnamed larger railroad for one thing or another. According to my memory, we frequently threatened to file suit in Kosciesko, Mississippi, and to ask for a jury trial.

That central Mississippi town had been left without thru rail service by that unnamed larger railroad, and had suffered economically due to the abandonments. It was also the home to one of G&M's attorneys, J. P. Coleman, a former Mississippi Governor.

To the best of my knowledge and recollection, that unnamed larger railroad usually settled before formal complaints were filed.



amiller@rtms-movietrains.com