Heintzelman v. Brushtown Athletic Ass'n

SPICER, P.J.,

This action involves a claim for personal injury and a derivative claim for loss of consortium. In the discussion that follows, we ignore the derivative claim for purposes of simplifying issues. Plaintiffs’ complaint states he attended a baseball game on May 28, 1987, at an athletic held maintained by defendant. Although the alleges “the public was invited to attend upon payment of an admission by donation,” he does not contend that a charge was levied in exchange for *223permission to enter the land at that time. He alleges he hit his head on a board protruding from a ceiling over…