Fact pattern

Jimmy, who is a lawyer located in Birmingham, Alabama invites a potential client from Italy named Salvatore to a baseball game. Unknown to Jimmy at the time he purchased the tickets, Salvatore speaks only minimal English and is not interested in baseball. Trying to impress Salvatore, Jimmy purchases tickets on close to the visiting team’s dugout. Salvatore has never been to a baseball game and does not know the rules of the game. Uninterested in the game, Salvatore engages in “people watching” throughout most of the game. During the third inning, Salvatore begins “talking” to an attractive young lady sitting behind him named Molly. While exchanging phone numbers with Molly, a foul ball hit by Bob Hunter, who is the star player of the Birmingham Barons strikes Salvatore. The ball hits Salvatore in his face and breaks his nose. Salvatore, who makes his living as a male model, files a lawsuit against Jimmy, the Birmingham Barons, and Bob Hunter for damages.

Please examine all of the legal issues posed by this fact pattern. When analyzing this fact pattern, please make sure that you identify any parties that Salvatore may sue and any legal defenses that these parties may raise. Also, consider the impact of state law on the analysis of the parties’ liability and defenses.

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