THE SPORTS FANS RIGHTS & REMEDIES :
THE LIABILITY OF SPORTS TEAMS, TICKET SELLERS AND SPORTING EVENT TOUR OPERATORS FOR DEFAULTS, PERFORMANCE FAILURES AND PHYSICAL INJURIES
REVISION NUMBER 1NOVEMBER 15, 2000
Sue The Bums
In 1986 I wrote an article entitled " To All Frustrated Sports Fans: Forget the Boos, Raspberries and Catcalls-Sue the Bums2 " which started like this." The latest World Series demonstrated once again that vast numbers of people invest extraordinary amounts of time, emotion and money in watching games between professional sports teams. When your team wins or otherwise performs well, the shared elation seems consideration enough for your personal investment. When your team loses, however, or otherwise performs poorly the typical reaction is one of anger, frustration and, finally, resignation. Why is it that we are willing to demand high standards of performance from machines ( products liability ) or professionals such as medical doctors, lawyers and accountants ( malpractice ) yet when it comes to performance in the sports arena we are willing to shrug our respective shoulders and walk away unhappy? If professional sports teams advertise a certain level of performance or the availability of certain players, they should be held liable for failing to deliver as promised. If professional athletes take drugs and otherwise abuse their bodies, they and their teams should be held liable in both contract and warranty for diminished performance.
Common Sports Fan Problems
Each year more and more lawsuits are brought by disappointed sports fans covering a variety of problems including(A) Canceled Charter Tours featuring tickets to popular sporting events such as the Super Bowl3 or the Rose Bowl4 which may also constitute a violation of U.S. Department of Transportation Regulations5,
(B) Advertised "Star" Players do not play or are traded after season tickets are purchased6,
(C) The Team Relocates after season tickets are purchased6,
(D) Poor Team Performance due to Strikes8, Business Failures9, Fraud10, Canceled Games11 and Incompetent Umpires12,
(E) Sex Discrimination13 whereby some sports fans are denied access to games,
(F) Sports Fan Injuries from stray balls or aggressive behavior by players and other fans14,
(G) Poor Television Programing15 of closed circuit sporting events.
Taking The Sports Fan For Granted
In a 1999 article entitled "Note: Consumer Advocacy in the Sports Industry: Recognizing and Enforcing the Legal Rights of Sports Fans"16 the author discussed the diminished status of the sports fan." In the multi-million dollar business of today's sports industry, the sports fan has been relegated to the status of a second-class consumer, exercising little influence over major market decisions. Increasing ticket prices, franchise relocation, the negotiation of multi-million dollar player contracts and endorsement deals, the construction and renovation of athletic facilities, and the networks' purchase of broadcast rights to particular events are just a few examples of important decisions affecting the sports industry over which sports fans exercise little, if any, influence. Instead, these decisions are made by the more dominant forces in the market- the league, franchise owners and management, agents, players and the broadcast media. The media has emerged as an especially powerful force over the past several decades. Indeed, TV Guide recently reported that ' ABC, ESPN, CBS and Fox are spending a combined $17.6 billion on NFL rights for the next eight football seasons, the biggest deal in television history ". While this big boom in the business of sports has brought attention to the various legal issues surrounding sports, little attention has been paid to the rights of fans ' who in one way or the other ultimately foot the bill '".
Failure To Deliver The Game Tickets
When a tour operator fails to deliver tickets to the promised sporting event the injured traveler may commence a lawsuit against the tour operator17, the travel agent18 or the entity19, such as the National Football League, responsible for issuing the game tickets.Suing The Tour Operator
Tour operators, as wholesalers, assume the risk of selling and delivering the component elements of a given package tour20. Tour operators enter into contracts with suppliers such as air carriers, hotels, ground transportation providers and the issuers of the game tickets or their agents. Generally, the courts have held tour operators responsible for the failure of a supplier to deliver one or more of the component parts of a package tour. The exception to this rule is when the traveler sustains serious physical injury while on tour because of the tortious misconduct of third party suppliers21.If the tour participant does not receive the promised game tickets the appropriate causes of action against the tour operator would include (1) breach of contract, (2) failure to disclose the identity of a principal supplier, (3) fraudulent misrepresentation, (4) theft, conversion and diversion of consumer deposits, (5) breach of warranty, (6) negligent selection of a supplier, (7) negligent design of tour itinerary, (8) assumed duty, (9) apparent authority, (10) estoppel and (11) violation of consumer protection statutes. Appropriate damages include the cost of the package tour since its very purpose was defeated, all consequential damages, damages for annoyance, harassment, discomfort and damages for the loss of a " pleasant week "22, a " refreshing, memorable vacation "23, or the " intangible pleasure of a 24 hour vacation day "24.
Suing The Travel Agent
If the defaulting tour operator is uninsured25, irresponsible or otherwise unavailable26 to satisfy proper claims then the injured traveler may consider suing his local travel agent. Travel agents earn a commission on the retail sale of tour packages, air transportation, hotel accommodations and other travel services. Travel agents are fiduciaries and agents of the traveler. Travel agents are expected to make travel arrangements and provide the traveler with all necessary information. The injured traveler may sue the travel agent for breach of contract arising from a failure to disclose the identity of the tour operator, breach of assumed duty and breach of warranty. The injured traveler may sue the travel agent for negligence for failing to investigate and establish the reliability of the tour operator and failing to convey needed information regarding the financial stability or riskiness of the tour operator and the need for travel insurance. In the absence of negligence or a guarantee of the performance of the tour operator the Courts may absolve the travel agent of liability27. Recoverable damages are those discussed above.Suing The Ticket Providers
Game tickets to the Superbowl, Rosebowl and other popular sporting events are, typically, in great demand and may command extraordinary sums. The manner in which Superbowl28 and Rosebowl29 tickets are distributed to member teams and to tour operators may be the subject of abuse, particularly, when illegal contracts are entered into with ticket scalpers. As a consequence legitimate contracts between ticket providers and tour operators may be abrogated since more money can be made from sales to ticket scalpers. In Hirstreet v. Rozelle30tour participants, deprived of game tickets to the 1978 SUPERBOWL XII, claimed that the" NFL...instructed the NFL MEMBERS to sell the tickets to SUPERBOWL XII to their season ( ticket holders ) first and the general public second. No complimentary tickets were to be given to anyone...Contrary to ( this rule ) and regulations and directives from NLF...the NFL MEMBERS sold thousands of tickets to SUPERBOWL XII directly to ' scalpers ' and ticket brokers at prices several times the face value of the ticket...the NFL...should have known that the NFL MEMBERS...were selling said tickets including the 600 tickets ( which were not delivered by the tour operator to the Hirstreet plaintiffs )"31.
In Anderson v. The Regents Of The University Of Class Action Litigationfornia3232">, the tour participants, deprived of game tickets to the 1994 Rose Bowl, claimed that the
" The full face value of these tickets was $46.00. UCLA ' sold ' 4,000 of its tickets to an anonymous donor...after having refused to transfer part of its ticket allotment to the University of Wisconsin...UCLA also sold 1,223 tickets to non-season ticket holders for face value on the condition that they would buy UCLA 1994 football season's tickets. As a consequence...UCLA sold tickets at higher than face value. As a result of UCLA's actions, it is alleged that a substantial number of tickets were placed in the hands of scalpers. Accordingly, the plaintiffs... suffered annoyance...were deprived of the value of their tour package by virtue of not seeing the game and paid excessive prices for their tickets...based on claims of breach of contract, conspiracy and negligence "33.
In both cases the tour participants charged the entity responsible for issuing the game tickets with fraud, conspiracy and breach of contract on the grounds that previously committed tickets to tour operators were illegally diverted to ticket scalpers. It may also be appropriate for victimized tour participants to assert that they are third party beneficiaries of ticket distribution contracts between ticket providers and tour operators34.
Sports Team Performance Failures
Assuming the game tickets are delivered the tour participant may be dissatisfied with the performance of the teams. Traditionally, claims of performance failure have been brought by the holders of season tickets to professional football35, basketball36, baseball37 and hockey38games or boxing events39. Dissatisfied sports fans have charged professional sports teams with breach of contract, fraudulent misrepresentation, breach of warranty and unjust enrichment in relocating to distant cities40, trading popular players and ceasing business operations41 after the season tickets were sold. In Strauss v. Long Island Sports, Inc.42 , sports fans, dissatisfied with the fact that Julius Erving [ Dr. J ] was traded after season tickets were sold, claimed that" the ( New York ) Nets placed several advertisements in various newspapers by which they solicited purchasers for season tickets. Some of these advertisements included the following language: " See the fantastic Dr. 'J' in action. Designated league MVP and PRO player of the year. Sport magazine playoff–MVP '...( Thousands of fans ) purchased their tickets because these advertisements publicized the presence of Dr. J...The absence of Dr. J...deprived season ticket purchasers of the ' principal reason ' for their purchases... .
Unhappy fans have also sued professional sports teams for diminished play because of player strikes43 and relocation to distant cities44 and for misrepresenting the nature of the event45 . In the absence of a solid misrepresentation claim46 the courts may find that the fans have little more than a " right to view whatever transpir(es) "47 .
Physical Injuries At The Sporting Event
While attending the game the tour participant may be struck in the face with a baseball48 , hockey puck49 or basketball50 or be trampled by players51 or sports fans eager to secure a baseball hit into the stands52 or become intoxicated and slip and fall in the parking lot or in the arena53. On occasion the fan may become a participant in the sporting event and suffer injuries therefrom54.Generally, when the sport involves high velocity projectiles such as baseballs and hockey pucks the Courts require that some of the available seats be protected by screening and that the fans be given on opportunity to select the safer seats55. Fans injured beyond the protective screening in baseball56 or hockey arenas as well as participants in less dangerous sports such as football and basketball may be found to have assumed the risk of viewing these sports. Sports teams can not increase the risk normally assumed by sports fans57. If, of course, the fan actively engages in the sporting event then there may be little, if any, basis for holding the sports team liable for the fan's injuries.
FOOTNOTES
1. Thomas A. Dickerson is a Westchester County Court Judge, New York State with a Web Page at http://members.aol.com/judgetad/index.html. Judge Dickerson is the author of Travel Law, Law Journal Press, New York, 1981-2000, updated biannually, Web Page athttp://members.aol.com/travellaw/index.html, Class Actions: The Law of 50 States, Law Journal Press, 1988-2000, updated annually, Web Page at http://members.aol.com/class50/index.html, and over 180 articles on consumer law issues. Ms. Brenda V. Mechmann is Judge Dickerson's Principal Law Clerk.2. Dickerson, "To All Frustrated ( Boston ) Sports Fans: Forget the Boos , Raspberries and Catcalls–Sue The Bums", New York Law Journal, November 14, 1986, p. 1.
3. See e.g.,
Connecticut: Bellman v. Universal Travel Agency, 4 Conn. App. 688, 496 A. 2d 962 ( 1985 )( 1978 Super Bowl tour packages featuring tickets to Super Bowl XII in New Orleans which were not delivered to tour participants ).
New York: Hirstreet v. Rozelle, N.Y. Sup., Index No. 4928/78 ( 1978 Super Bowl tour packages featuring tickets to Super Bowl XII in New Orleans which were not delivered to tour participants ); Hirstreet v. Rozelle, 16 Aviation Cases 18,259 ( N.Y. Sup. 1978 ).
4. See e.g.,
California: Weaver v. Pasadena Tournament of Roses Ass'n, 198 P. 2d 514 ( Cal. Sup. 1948 )( promoters of 1947 Rosebowl football game unlawfully disposed of 6,000 tickets earmarked for public sale through private sale or gifts ).
Ohio: Agosto v. Leisure World Travel, Inc., 36 Ohio App. 2d 213, 304 N.E. 2d 910 ( 1973 )( 1970 Rose Bowl package trip featuring 108 rental cars that were not delivered to tour participants ).
Wisconsin: Anderson v. Regents Of The University Of California, 203 Wis. 2d 469, 554 N.W. 2d 509 ( 1995 ) ( 1994 Rose Bowl package trip featuring tickets to Rose Bowl football game which were not delivered to tour participants ).
5. See 14 Code Of Federal Regulations Section 399.87.
" (a) A Super Bowl tour is a tour...that is represented by its operator as including tickets to the National Football League's Super Bowl game as part of its ground package. (B) The (DOT) considers the advertising of a Super Bowl tour to be unfair and deceptive practice...unless one of the following is true:(1) The tour operator is in physical possession of enough Super Bowl game tickets to provide such tickets for a substantial number of seats on the tour. (2) The National Football League...has made a binding commitment in writing to furnish the operator with enough Super Bowl game tickets to provide such tickets for (a) substantial number of seats on the tour...".
6. See e.g.,
New York: Strauss v. Long Island Sports, Inc., 89 Misc. 2d 827, 394 N.Y.S. 2d 341 ( 1997 )( basketball fans allege fraudulent misrepresentation after purchasing 1976-1977 New York Nets season tickets relying upon the advertised involvement of Julius Irving ( " Dr. J " ) who was sold to another team prior to start of season ).
<7. See e.g.,
California: Charpentier v. Los Angeles Rams Football Co., Inc., 75 Cal. App. 4th 301, 89 Cal. Rptr. 2d 115 ( 1999 )( football fans challenge decision of Los Angeles Rams to relocate to St. Louis, Missouri ).
Ohio: Beder v. Cleveland Browns, Inc., 129 Ohio App. 3d 188, 717 N.E. 2d 716 ( 1998 )( football fans challenge decision of Cleveland Browns to relocate to Baltimore, Maryland ); Stern v. Cleveland Browns Football Club, Inc., 1996 WL 761163 ( Ohio App. 1996 )( football fans challenge decision of Cleveland Browns to relocate to Baltimore, Maryland ).
8. See e.g.,
California: Baltimore Football Club, Inc. v. Superior Court, 171 Cal. App. 3d 352, 215 Cal. Rptr. 323 ( 1985 ) ( fans sue 28 member teams of National Football League alleging unjust enrichment for failing to make refunds and interest at prime rate ).
Illinois: Richman v. The Chicago Bears Football Club, Inc., 127 Ill. App. 3d 75, 82 Ill. Dec. 225, 468 N.E. 2d 486 ( 1984 )( four scheduled canceled because of players strike in 1982; refunds offered but without interest ).
New York: Bickett v. Buffalo Bills, Inc., 122 Misc. 2d 880, 472 N.Y.S. 2d 245 ( 1983 )( football fans seek refunds and damages for unplayed games and diminution of performance due to player's strike during 1982 season ).
9. See e.g.,
Third Circuit: In re: Craig Service Corp., 138 B.R. 490 ( W.D. Pa. 1992 )( bankruptcy of Pittsburgh Steelers ).
Ninth Circuit: Harrell v. Phoenix Suns Limited, 73 F. 3d 218 ( 9th Cir. 1995 )( bankruptcy of Phoenix Suns ).
State Courts:
Indiana: Skalbania v. Simmons, 443 N.E. 2d 352 ( Ind. App. 1982 )( hockey fans allege fraud against hockey franchise when team ceased business operations after only 13 or 40 scheduled home games had been played ).
10. See e.g.,
New York: Castillo v. Tyson, 701 N.Y.S. 2d 423 ( N.Y. App. Div. 2000 )( boxing fans claim they were entitled to a " legitimate heavyweight title fight " and were defrauded when fight ended in a disqualification ).
11. See e.g.,
Texas: Pittsburgh Athletic Co. v. Malin, 71 S.W. 2d 889 ( Tex. App. 1934 )( two professional baseball teams cancel scheduled and advertised game in Amarillo, Texas ).
12. See e.g.,
New York: Parks v. Steinbrenner, 131 A.D. 2d 60, 520 N.Y.S. 2d 374 ( 1987 )( baseball owner's criticism of umpire ( " not capable ", " doesn't measure up ", " misjudges " ) does not rise to the level of libel or slander ).
13. See e.g.,
Washington: MacLean v. First Northwest Industries of America, Inc., 24 Wash. App. 161, 600 P. 2d 1027 ( 1979 ) ( male basketball fan demands right to purchase reduced price ticket at a " Ladies Night " promotion ).
14. See e.g.,
California: Edwards v. CaliforniaSports, Inc., 206 Cal. App. 3d 1284, 254 Cal. Rptr. 170 ( 1988 )( intoxicated sports fan slips and falls in parking lot of The Forum, home of the Los Angeles Lakers ).
Illinois: Jasper v. Chicago National League Ball Club, Inc., 309 Ill. App. 3d 124, 722 N.E. 2d 731 ( 2000 ) ( baseball fan struck with a foul ball during Chicago Cubs game ); Yates v. Chicago National League Ball Club, Inc., 230 Ill. App. 3d 472, 595 N.E. 2d 570 ( 1992 )( baseball fan struck with foul ball during Chicago Cubs game ); Coronel v. Chicago White Sox, Ltd., 230 Ill. App. 3d 734, 595 N.E. 2d 45 ( 1992 )( baseball fan hit in face by Chicago White Sox line-drive, foul tipped ball, and suffered a broken jaw ).
Massachusettes: Shanney v. Boston Madison Square Garden Corp., 296 Mass. 168, 5 N.E. 2d 1 ( 1936 )( hockey fan hit by flying puck ).
New Mexico: McFatridge v. Harlem Globe Trotters, 69 N.M. 271, 365 P. 2d 918 ( 1961 )( sports fan struck by basketball thrown into audience by member of Harlem Globetrotters Basketball Team ).
New York: Cannavale v. City of New York, 257 A.D. 2d 462, 638 N.Y.S. 2d 528 ( 1999 )( sports fan trampled by football players during game ); Rosa v. County of Nassau, 153 A.D. 2d 618, 544 N.Y.S. 2d 652 ( 1989 )( sports fan struck in mouth with hockey puck during Islanders hockey game ); Clark v. Goshen Sunday Morning Softball League, 129 Misc. 2d 401, 493 N.Y.S. 2d 262 ( 1985 )( baseball fan hit by wildly thrown ball during pregame warm-up practice ); Uzdavines v. Metropolitan Baseball Club, Inc., 115 Misc. 2d 343, 454 N.Y.S. 2d 238 ( 1982 )( baseball fan struck by foul ball while sitting behind home plate safety screen ).
Ohio: Morris v. Cleveland Hockey Club, 157 Ohio St. 225, 105 N.E. 2d 419 ( 1952 )( hockey fan struck in face with hockey puck shot by player on the Cleveland Barons hockey team ).
Pennsylvania: Telegra v. Security Bureau, Inc., 719 A. 2d 372 ( Pa. Super. 1998 )( sports fan trampled by other fans after he caught Pittsburgh Steelers football kicked into the stands ); Pestalozzi v. Philadelphia Flyers, Ltd., 394 Pa. Super. 420, 576 A. 2d 72 ( Pa. Super. 1990 )( fan hit with hockey puck ); Bowser v. Hershey Baseball Association, 357 Pa. Super. 435, 516 A. 2d 61 ( Pa. Super. 1986 )( fan struck by baseball during tryouts ).
Texas: Dent v. The Texas Rangers, Ltd., 764 S.W. 2d 345 ( Tex. App. 1989 )( sports fan struck by a foul ball during Texas Rangers baseball game ); Johnson v. Houston SportsAssociation, 615 S.W. 2d 781 ( Tex. App. 1981 )( sports fan struck in face during Houston Astros pregame baseball practice ).
Wisconsin: Moulas v. PBC Productions Ind., 213 Wis. 2d 406, 570 N.W. 2d 739 ( 1997 )( sports fan hit by hockey puck while attending Admirals hockey game ).
15.See e.g.,
Illinois: Carillo v. Jam Productions, Ltd., 97 Ill. 2d 371, 73 Ill. Dec. 552, 454 N.E. 2d 649 ( 1983 )( closed circuit television presentation of the 1980 fight between Sugar Ray Leonard and Roberto Duran ).
Mississippi: Barrett v. Coulett, 263 So. 2d 764 ( Miss. Sup. 1972 )( closed circuit television presentation of the 1972 fight between Joe Frazier and Muhammed Ali ).
16. Note, Consumer Advocacy in the Sports Industry: Recognizing and Enforcing the Legal Rights of Sports Fans , 21 Hastings Comm. & Ent. L.J. 809, Summer, 1999.
17. See e.g.,
New York: Hirstreet v. Rozelle, N.Y. Sup., Index No. 4928/78 ( 1978 Super Bowl tour packages featuring tickets to Super Bowl XII in New Orleans which were not delivered to tour participants; class action against tour operator, travel agents, hotel, and members of the National Football League ); Hirstreet v, Rozelle, 16 Aviation Cases 18,259 ( N.Y. Sup. 1978 ).
Ohio: Agosto v. Leisure World Travel, Inc., 36 Ohio App. 2d 213, 304 N.E. 2d 910 ( 1973 )( 1970 Rose Bowl package trip featuring 108 rental cars that were not delivered to tour participants; class action against tour operator and National Car Rental Systems ).
Wisconsin: Anderson v. Regents Of The University Of California, 203 Wis. 2d 469, 554 N.W. 2d 509 ( 1995 ) ( 1994 Rose Bowl package trip featuring tickets to Rose Bowl football game which were not delivered to tour participants; class action against tour operators, ticket agents and the Regents Of The University Of California).
18. See e.g.,
Connecticut: Bellman v. Universal Travel Agency, 4 Conn. App. 688, 496 A. 2d 962 ( 1985 )( 1978 Super Bowl tour packages featuring tickets to Super Bowl XII in New Orleans which were not delivered to tour participants; action against travel agent ).
19. See e.g.,
New York: Hirstreet v. Rozelle, N.Y. Sup., Index No. 4928/78 ( 1978 Super Bowl tour packages featuring tickets to Super Bowl XII in New Orleans which were not delivered to tour participants; class action against Pete Rozelle, Commissioner of the National Football League and members of the N.F.L. that issued SUPERBOWL tickets ); Hirstreet v, Rozelle, 16 Aviation Cases 18,259 ( N.Y. Sup. 1978 ).
Ohio: Agosto v. Leisure World Travel, Inc., 36 Ohio App. 2d 213, 304 N.E. 2d 910 ( 1973 )( 1970 Rose Bowl package trip featuring 108 rental cars that were not delivered to tour participants; class action against National Car Rental Systems that failed to deliver rental cars ).
Wisconsin: Anderson v. Regents Of The University Of California, 203 Wis. 2d 469, 554 N.W. 2d 509 ( 1995 ) ( 1994 Rose Bowl package trip featuring tickets to Rose Bowl football game which were not delivered to tour participants; class action against the Regents Of The University Of Californiafor selling Rose Bowl tickets ).
20.For a discussion of tour operators see Dickerson, Travel Law , supra, at Chapter 5.
21. In physical injury cases the courts have, generally, allowed tour operators to disclaim liability for the torts of independent contractors. The exceptions to this rule are (1) when the tour operator is negligent, (2) when a statute imposes strict liability upon the tour operator for the defaults of third party suppliers or (3) a liability shifting theory applies. See Dickerson, What Tort Lawyers Should Know About Travel Law, 29 Trial Lawyers Quarterly 21 ( 1999 ); http://www.courts.state.ny.us/tandv/travellaw.htm
22. See e.g.,
Pennsylvania: Touhey v. Trans National Travel, Inc., 47 Pa. D. & C. 3d 250 ( Pa. C.P. 1983 ( $25,000 pain and suffering damages; misrepresented hotel accommodations ).
23. See e.g.,
Louisiana: Vick v. National Airlines, Inc., 16 Aviation Cases 18,404 ( La. App. 1982 )( $2,500 each for couple who suffered from missed flight ).
24.See e.g.,
Third Circuit: Semrod v. Mexicana Airlines, 22 Aviation Cases 17,747 ( D.N.J. 1991 )( overbooking; $3,000 awarded for intangible pleasure of a 24-hour vacation day ).
25. For a discussion of travel insurance for tour operators, travel agents and consumers see Dickerson, Travel Law . supra, at section 5.08.
26. See e.g.,
Connecticut: Bellman v. Universal Travel Agency, 4 Conn. App. 688, 496 A. 2d 962 ( 1985 )( 1978 Super Bowl tour packages featuring tickets to Super Bowl XII in New Orleans which were not delivered to tour participants; action against travel agent after tour operator only paid $75 to each victimized consumer ).
Ohio: Agosto v. Leisure World Travel, Inc., 36 Ohio App. 2d 213, 304 N.E. 2d 910 ( 1973 )( 1970 Rose Bowl package trip featuring 108 rental cars that were not delivered to tour participants; class action against tour operator and National Car Rental Systems; an unenforceable default judgment was entered against the tour operator ).
27. See e.g.,
Connecticut: Bellman v. Universal Travel Agency, 4 Conn. App. 688, 496 A. 2d 962 ( 1985 )( 1978 Super Bowl tour packages featuring tickets to Super Bowl XII in New Orleans which were not delivered to tour participants; action against travel agent dismissed ).
28. See e.g.,
New York: Hirstreet v. Rozelle, N.Y. Sup., Index No. 4928/78.
" NFL...distributed 90,000 tickets to SUPERBOWL XII... (1) 5000 tickets retained by NFL, (2) 30,000 tickets given to NEW ORLEANS SAINTS football club, (3) 15,000 tickets to DALLAS COWBOYS football club, (4) 15,000 tickets to DENVER BRONCOS football club (5) and the remaining 25,000 tickets distributed to the remaining NFL MEMBERS ".
29. See e.g.,
Wisconsin: Anderson v. The Regents Of The University Of California, 203 Wis. 2d 469, 554 N.W. 2d 509 ( 1996 ).
" The Rose Bowl is sponsored yearly by the Tournament of Roses Association and features football teams from the Pacific Ten Conference...and the Big Ten Conference...In 1994 the PAC-10 was represented by the University of CaliforniaLos Angeles(UCLA) while the University of Wisconsin represented the Big Ten...UCLA was allotted 40,000 tickets while the University of Wisconsin was allotted 19,000. "
30. See N. 28, supra.
31. Id.
32. See N. 29, supra.
33.Id.
34. See e.g.,
New York: Castillo v. Tyson, 701 N.Y.S. 2d 423 ( N.Y. App. Div. 2000 )( boxing event billed as a " legitimate heavyweight title fight " ended in a disqualification; no third party beneficiary theory; no privity of contract ).
Ohio: Agosto v. Leisure World Travel, Inc., 36 Ohio App. 2d 213, 304 N.E. 2d 910 ( 1973 )( 1970 Rose Bowl package trip featuring 108 rental cars that were not delivered to tour participants; class action against tour operator and National Car Rental Systems; third party beneficiary theory ).
Wisconsin: Anderson v. Regents Of The University Of California, 203 Wis. 2d 469, 554 N.W. 2d 509 ( 1995 ) ( 1994 Rose Bowl package trip featuring tickets to Rose Bowl football game which were not delivered to tour participants; class action against the Regents Of The University Of Californiafor selling Rose Bowl tickets to scalpers; See Dissent Opinion on third party beneficiary theory ).
35. See e.g.,
Ninth Circuit: Harrell v. Phoenix Suns Limited, 73 F. 3d 218 ( 9th Cir. 1995 )( bankruptcy of Phoenix Suns Football Team ).
State Courts:
California: Charpentier v. Los Angeles Rams Football Company, 75 Cal. App. 4th 301, 89 Cal. Rptr. 2d 115 ( 1999 ).
New York: Ganey v. New York Jets Football Club, 146 Misc. 2d 302, 550 N.Y.S. 2d 566 ( 1990 )( lost season tickets ); Bickett v. Buffalo Bills, Inc., 122 Misc. 2d 880, 472 N.Y.S. 2d 245 ( 1983 ).
Ohio: Beder v. Cleveland Browns, Inc., 129 Ohio App. 3d 188, 717 N.E. 2d 716 ( 1998 ); Stern v. Browns Football Club, Inc., 1996 WL 761163 ( Ohio App. 1996 ).
36. See e.g.,
New York: Strauss v. Long Island Sports, 89 Misc. 2d 827, 394 N.Y.S. 2d 341 ( 1977 ).
37.See e.g.,
Illinois: Soderholm v. Chicago National League Ball Club, Inc., 225 Ill. App. 3d 119, 587 N.E. 2d 517 ( 1992 ) ( Chicago Cubs Baseball Team refuses to sell 1985 season tickets to fan who scalps tickets ).
New York: Levine v. Brooklyn National League Baseball Club, 179 Misc. 22 ( N.Y. Supp. 1942 )( Brooklyn Dodgers try to eliminate scalping by informing fans that no one will be admitted who paid more than face value of ticket ).
38. See e.g.,
Indiana: Skalbania v. Simmons, 443 N.E. 2d 352 ( Ind. App. 1982 ).
39. See e.g.,
New York: Castillo v. Tyson, 701 N.Y.S. 2d 423 ( N.Y. App. Div. 2000 ).
40.See e.g.,
California: Charpentier v. Los Angeles Rams Football Company, 75 Cal. App. 4th 301, 89 Cal. Rptr. 2d 115 ( 1999 ) ( fans challenge decision of Los Angeles Rams to relocate to St. Louis, Missouri; claim for fraudulent misrepresentation stated; originally a class action ).
Ohio: Beder v. Cleveland Browns, Inc., 129 Ohio App. 3d 188, 717 N.E. 2d 716 ( 1998 )( fans challenge decision of Cleveland Browns to relocate to Baltimore, Maryland; claims stated for right of first refusal to buy season tickets, violation of Consumer Sales Protection Act and fraud; class certification granted ); Stern v. Browns Football Club, Inc., 1996 WL 761163 ( Ohio App. 1996 )( Cleveland Browns move to Baltimore, Maryland; no breach of contract; no cause of action for diminished performance ).
41. See e.g.,
Indiana: Skalbania v. Simmons, 443 N.E. 2d 352 ( Ind. App. 1982 )( season ticket holders claim fraud when Indiana Racers Hockey Team ceases operations after playing only 13 of 40 scheduled games; class certification granted ).
42.Strauss v. Long Island Sports, 89 Misc. 2d 827, 394 N.Y.S. 2d 341 ( 1977 )( fans who purchased season tickets to New York Nets games relying upon the continued play of Julius Erving [ Dr. J ] who was traded after the tickets were sold claimed fraudulent misrepresentation; class certification denied ).
43. See e.g.,
New York: Bickett v. Buffalo Bills, Inc., 122 Misc. 2d 880, 472 N.Y.S. 2d 245 ( 1983 )( fans claim breach of contract and breach of express warranty by Buffalo Bills Football Team for missing 3 scheduled games and diminished play arising from 1982 players strike; class certification denied ).
44. See N. 40, supra.
45. See e.g.,
New York: Castillo v. Tyson, 701 N.Y.S. 2d 423 ( N.Y. App. Div. 2000 )( boxing event billed as a " legitimate heavyweight title fight " ended in a disqualification; fans claims breach of contract, unjust enrichment, breach of warranty; class certification denied ).
46. See e.g.,
California: Charpentier v. Los Angeles Rams Football Company, 75 Cal. App. 4th 301, 89 Cal. Rptr. 2d 115 ( 1999 ) ( fans challenge decision of Los Angeles Rams to relocate to St. Louis, Missouri; claim for fraudulent misrepresentation stated; originally a class action ).
47. See N. 45, supra.
48.See e.g.,
California: Lowe v. CaliforniaLeague Of Professional Baseball, 56 Cal. App. 4th 112, 65 Cal. Rptr. 2d 105 ( 1997 )( fan struck by baseball ).
Illinois: Jasper v. Chicago National League Ball Club, Inc., 309 Ill. App. 3d 124, 722 N.E. 2d 731 ( 2000 ) ( baseball fan struck with a foul ball during Chicago Cubs game ); Yates v. Chicago National League Ball Club, Inc., 230 Ill. App. 3d 472, 595 N.E. 2d 570 ( 1992 )( baseball fan struck with foul ball during Chicago Cubs game ); Coronel v. Chicago White Sox, Ltd., 230 Ill. App. 3d 734, 595 N.E. 2d 45 ( 1992 )( baseball fan hit in face by Chicago White Sox line-drive, foul tipped ball, and suffered a broken jaw ).
New York: Clark v. Goshen Sunday Morning Softball League, 129 Misc. 2d 401, 493 N.Y.S. 2d 262 ( 1985 ) ( baseball fan hit by wildly thrown ball during pregame warm-up practice ); Uzdavines v. Metropolitan Baseball Club, Inc., 115 Misc. 2d 343, 454 N.Y.S. 2d 238 ( 1982 )( baseball fan struck by foul ball while sitting behind home plate safety screen ).
Texas: Dent v. The Texas Rangers, Ltd., 764 S.W. 2d 345 ( Tex. App. 1989 )( sports fan struck by a foul ball during Texas Rangers baseball game ); Johnson v. Houston Sports Association, 615 S.W. 2d 781 ( Tex. App. 1981 )( sports fan struck in face during Houston Astros pregame baseball practice ).
49. See e.g.,
Massachusettes: Shanney v. Boston Madison Square Garden Corp., 296 Mass. 168, 5 N.E. 2d 1 ( 1936 )( hockey fan hit by flying puck ).
New York: Rosa v. County of Nassau, 153 A.D. 2d 618, 544 N.Y.S. 2d 652 ( 1989 )( sports fan struck in mouth with hockey puck during Islanders hockey game ).
Ohio: Morris v. Cleveland Hockey Club, 157 Ohio St. 225, 105 N.E. 2d 419 ( 1952 )( hockey fan struck in face with hockey puck shot by player on the Cleveland Barons hockey team ).
Pennsylvania: Pestalozzi v. Philadelphia Flyers, Ltd., 394 Pa. Super. 420, 576 A. 2d 72 ( Pa. Super. 1990 )( fan hit with hockey puck ).
Wisconsin: Moulas v. PBC Productions Ind., 213 Wis. 2d 406, 570 N.W. 2d 739 ( 1997 )( sports fan hit by hockey puck while attending Admirals hockey game ).
50. See e.g.,
New Mexico: McFatridge v. Harlem Globe Trotters, 69 N.M. 271, 365 P. 2d 918 ( 1961 )( sports fan struck by basketball thrown into audience by member of Harlem Globetrotters Basketball Team ).
51. See e.g.,
New York: Cannavale v. City of New York, 257 A.D. 2d 462, 638 N.Y.S. 2d 528 ( 1999 )( sports fan trampled by football players during game ).
52. See e.g.,
Pennsylvania: Telegra v. Security Bureau, Inc., 719 A. 2d 372 ( Pa. Super. 1998 )( sports fan trampled by other fans after he caught Pittsburgh Steelers football kicked into the stands ).
53. See e.g.,
California: Edwards v. CaliforniaSports, Inc., 206 Cal. App. 3d 1284, 254 Cal. Rptr. 170 ( 1988 )( intoxicated sports fan slips and falls in parking lot of The Forum, home of the Los Angeles Lakers ).
54. See e.g.,
New York: Hawley v. Binghamton Mets Baseball Club, Inc., 262 A.D. 2d 729, 691 N.Y.S. 2d 626 ( 1999 )( baseball fan participating in " B-Met Pop-Up Promotion " catches two fly balls and then gets hit in the face with a third ).
Pennsylvania: Bowser v. Hershey Baseball Association, 357 Pa. Super. 435, 516 A. 2d 61 ( Pa. Super. 1986 )( fan struck by baseball while participating on field during tryouts ).
55.See e.g.,
California: Lowe v. CaliforniaLeague Of Professional Baseball, 56 Cal. App. 4th 112, 65 Cal. Rptr. 2d 105 ( 1997 )( team must provide an adequate number of screened seats ).
Illinois: Jasper v. Chicago National League Ball Club, Inc., 309 Ill. App. 3d 124, 722 N.E. 2d 731 ( 2000 )( the screen was installed and then removed; no liability under the newly enacted Baseball Facility Liability Act ); Yates v. Chicago National League Ball Club, Inc., 230 Ill. App. 3d 472, 595 N.E. 2d 570 ( 1992 )( must provide a " screen for the most dangerous part of the grandstand and for those who may be reasonably anticipated to desire protected seats " ); Coronel v. Chicago White Sox, Ltd., 230 Ill. App. 3d 734, 595 N.E. 2d 45 ( 1992 )( baseball fan hit in face by Chicago White Sox line-drive, foul tipped ball, and suffered a broken jaw .
New York: Akins v. Glens Falls City School District, 53 N.Y. 2d 325, 424 N.E. 2d 531, 533 ( 1981 ); Rosa v. County of Nassau, 153 A.D. 2d 618, 544 N.Y.S. 2d 652 ( 1989 )( " need only provide screening or other safety devices for the area of the facility where the danger of injury to spectators is the greatest " ).
Ohio: Morris v. Cleveland Hockey Club, 157 Ohio St. 225, 105 N.E. 2d 419 ( 1952 )( hockey fan struck in face with hockey puck shot by player on the Cleveland Barons hockey team; no screening around hockey risk ).
Texas: Dent v. The Texas Rangers, Ltd., 764 S.W. 2d 345 ( Tex. App. 1989 )( must provide screened seating to all spectators desiring them ).
Wisconsin: Moulas v. PBC Productions Inc., 213 Wis. 2d 406, 570 N.W. 2d 739 ( 1997 )( hockey rink enclosed by plastic screen twelve feet high at ends and eight foot high in middle sections ).
56. See e.g.,
Texas: Graham v. Houston Sports Association, 615 S.W. 2d 781 ( Tex. App. 1981 )( fan injured by baseball could have sat in screened in area but chose not to; unavoidable accident ).
57.See e.g.,
California: Lowe v. CaliforniaLeague Of Professional Baseball, 56 Cal. App. 4th 112, 65 Cal. Rptr. 2d 105 ( 1997 )( fan hit by foul ball may have been negligently distracted by team mascot's cavorting in the stands ).
Pennsylvania: Telegra v. Security Bureau, Inc., 719 A. 2d 372 ( Pa. Super. 1998 )( sports fan trampled by other fans after he caught Pittsburgh Steelers football kicked into the stands; being trampled by fans is not an inherent risk of the game ).