answer 2nd question using IRAC
On Monday, June 18, 2018, the Philadelphia Phillies were playing a home game at Citizens Bank Park against the slightly less mediocre, St. Louis Cardinals. Kathy McVay purchased a ticket to the game in Section D, Row 5 (directly behind home plate) to cheer on her home team. Per Major League Baseball protocol, the ticket contained the typical boilerplate language written in 6-point font warning patrons of the risk of serious injury from items leaving the playing field at high rates of speed. Since Ms. McVay was seated behind a protective netting designed to stop baseballs, and since the warning is posted on every ticket, she ignored the warning like everyone does. During the seventh inning stretch, the Phillies mascot, the Phillie Phanatic, began his usually jubilant ceremony of firing foil wrapped frankfurters at unsuspecting crowd members from a hot dog cannon mounted on the back of a John Deere Gator. With the last shot, Phanatic aimed his cannon directly at McVay's head thinking that the netting would stop the projectile. Unfortunately for McVay, it did not and hit her squarely in the right eye. McVay was immediately rushed to a nearby emergency room to be treated for her injuries, After recovering from her physical injuries, MeVay discovers that she has been publicly embarrassed by the media. MeVay retains an attorney to send a demand letter to the Philadelphia Phillies and the independent contractor playing the role of Phillie Phanatic threatening legal action USSUE: What defenses, if any, can be asserted by the Philadelphia Phillies? Assuming the same facts as in Question #3: The Philadelphia Phillies sue the manufacturer of the Phillie Phanatic's hot dog cannon asserting that there was no user manual accompanying the cannon and no warnings on the cannon itself. An attorney representing the manufacturer respond by claiming that the cannon's shipping crate included a website link where the enduser could download a user manual containing all warnings. ISSUE: Between the manufacturer and the Phillies, who has the stronger position and why? On Monday, June 18, 2018, the Philadelphia Phillies were playing a home game at Citizens Bank Park against the slightly less mediocre, St. Louis Cardinals. Kathy McVay purchased a ticket to the game in Section D, Row 5 (directly behind home plate) to cheer on her home team. Per Major League Baseball protocol, the ticket contained the typical boilerplate language written in 6-point font warning patrons of the risk of serious injury from items leaving the playing field at high rates of speed. Since Ms. McVay was seated behind a protective netting designed to stop baseballs, and since the warning is posted on every ticket, she ignored the warning like everyone does. During the seventh inning stretch, the Phillies mascot, the Phillie Phanatic, began his usually jubilant ceremony of firing foil wrapped frankfurters at unsuspecting crowd members from a hot dog cannon mounted on the back of a John Deere Gator. With the last shot, Phanatic aimed his cannon directly at McVay's head thinking that the netting would stop the projectile. Unfortunately for McVay, it did not and hit her squarely in the right eye. McVay was immediately rushed to a nearby emergency room to be treated for her injuries, After recovering from her physical injuries, MeVay discovers that she has been publicly embarrassed by the media. MeVay retains an attorney to send a demand letter to the Philadelphia Phillies and the independent contractor playing the role of Phillie Phanatic threatening legal action USSUE: What defenses, if any, can be asserted by the Philadelphia Phillies? Assuming the same facts as in Question #3: The Philadelphia Phillies sue the manufacturer of the Phillie Phanatic's hot dog cannon asserting that there was no user manual accompanying the cannon and no warnings on the cannon itself. An attorney representing the manufacturer respond by claiming that the cannon's shipping crate included a website link where the enduser could download a user manual containing all warnings. ISSUE: Between the manufacturer and the Phillies, who has the stronger position and why
