Assumption of Risk? 300 pound Mets fan falls on lawyer

If you've ever sat in the upper-deck or the bleacher seats at the old Shea Stadium, you know that the fans can get a little spirited.  Mix in a little alcohol and a few rival Phillies fans, and you have a recipe for disaster.  Attorney Ellen Massey found this out the hard way when she decided to  catch the 2007 Mets home opener with her nephews. Little did she know that she would cross paths with 300 pound Mets fan Timothy Cassidy.  Before the last out, she would find herself lying under the drunken man with a broken back. 


Adding insult to injury, the pancaked attorney just found out she cannot sue the Big Apple for her injuries.  According to court papers, Cassidy began berating other fans for not rooting loud enough for the Mets.  He even threatened to kick their collective"res ipsa loquitar."  Another fan, Eric Metzger, took issue with Mr. Cassidy's comments and for talking loudly into his cell phone.  Words and nachos were exchanged. What happened next is in dispute.  Was Cassidy pushed or did he stumble?  Nevertheless, the end result was poor attorney Massey breaking the fanatic's fall.  

The NY Post now reports that Manhattan Judge Judith Gische threw out Massey's negligence claim against the city of New York.  The Big Apple had argued that the injury was "random and unavoidable" and that stadium security was the responsibility of the Amazings.  Massey can still sue the falling fan and Aramark the concessionaire at the ballpark.   She may also consider suing Bill Buckner who never seems to catch a break at Shea. (Just kidding, we wish Bill all the best in his return to Massachusetts where he is set to manage the independent Brockton Rox). 


The judge noted that "Regardless of whether Cassidy's fall was sudden and unexpected, a jury could find that it was foreseeable Cassidy's conduct was putting the safety of other members of the public at risk.  The security guards could have confronted or ejected Cassidy from the stadium based on his aggressive behavior towards other fans."The case is expected to go to trial this summer.   If you're curious, the Mets won that game 11-5.