A man hit in the eye with a hot dog thrown by the Royals mascot will have another chance to sue the team’s organization.

Kansas City Royals mascot Sluggerrr

Kansas City Royals mascot Sluggerrr

The state Supreme Court has voided the decision of a jury that put the blame for the injury on the man, John Coomer. The Court says it should not have been left up to a jury to decide whether the risk of being injured by a thrown hot dog is inherent to watching a baseball game. It says that should be up to a court to decide.

The decision means the case could be retried.

Coomer was hit by a hot dog thrown by Sluggerrr at a game on September 8, 2009. He said he had to undergo surgery for a detached retina and a cataract and sued for damages, claiming negligence.