A fan with good seats near third base at the Brooklyn Cyclones ballpark was injured when a player was horsing around on the field before the game and lost control of his bat, which sailed into the stands and hit the plaintiff in the nose. The plaintiff conceded that he assumed the risk of flying balls and bats during the game but took issue with being struck before the game when players were just warming up/horsing around. The court dismissed the case, ruling that the risk of such a pre-game injury is assumed by spectators equally with similar in-game risks. The negligent player, a 44th round pick in 2002, now works as a salesman for a medical supply company.