Question
Season ticket holder Joe Fan attended his 15 th baseball game of the season. On the opening pitch, his favorite player Starlin Marlin cracked a
Season ticket holder Joe Fan attended his 15th baseball game of the season. On the opening pitch, his favorite player Starlin Marlin cracked a foul ball right at Joe, who was running late and forgot his lucky baseball glove. Joe, who had never seen a baseball enter his section reached out to grab a souvenir reached out to catch the ball barehanded, when the ball struck his hand breaking three of Joe's fingers. You are the attorney for the stadium, when asked "What is likely result if Joe sues the team for negligence?" You answer____________________.
Group of answer choices
prevail, because Fan was hit by the baseball
not prevail, because the team owed him no duty of care
prevail, because Fan suffered actual damages
not prevail because he assumed the risk
both b. and d.
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