1. Plaintiff, Barry Cohen, complaining that he, as a spectator at a professional baseball game, was injured by a ball thrown by pitcher, sought in a battery count and in a negligence count to recover damages from the pitcher and his employer. On September 16, 2004 there was a professional baseball game at Fenway Park in Boston between the defendant, Fenway Sports Group, playing under the name of the Boston Red Sox and the New York Yankees. The defendant, Pedro Martinez, was a pitcher employed by the defendant Fenway Sports Group. Some spectators, including the plaintiff, were seated, behind a wire mesh fence, in bleachers located in right field. In order to be ready to pitch in the game, Martinez, during the first three innings of play, had been warming up by throwing a ball from a pitcher's mound to a plate in the bullpen located near those right field bleachers. The spectators in the bleachers continuously heckled him. On several occasions immediately following heckling Martinez looked directly at the hecklers, not just into the stands. At the end of the third inning of the game, Martinez, after his catcher had left his catching position and was walking over to the bench, faced the bleachers and wound up or stretched as though to pitch in the direction of the plate toward which he had been throwing but the ball traveled from Martinez's hand at more than 80 miles an hour at an angle of 90 degrees to the path from the pitcher's mound to the plate and directly toward the hecklers in the bleachers. The ball passed through the wire mesh fence and hit
Barry Cohen. Discuss any tort claims that might be brought against Pedro Martinez and Fenway Sports Group & their likely resolution. Also, what remedies, if any, should Barry Cohen seek? Explain purpose of remedy sought in your answer.