Popov v. Hayashi

Facts

In 2001, Barry Bonds hit 73 home runs breaking an MLB record. The case centers on who obtained possession of the record-breaking 73rd home run baseball once it left Bonds’ bat and entered the stands.

A mass of fans flocked to the ballpark the day in question to witness Bonds make history, including Mr. Popov and Mr. Hayashi. Mr. Popov and Mr. Hayashi were standing in the right-field observation deck, an area known to be where Bonds hit the majority of his home runs. Due to this fact, the right-field observation deck was sold out and packed with fans eager to catch the historic baseball. Bonds came up to bat and connected with a slow knuckleball. The ball sailed over the right-field fence and into the observation deck. When the ball entered the deck, it first landed in the webbing of Mr. Popov’s opened baseball glove. Videotape evidence revealed, however, that Mr. Popov was then engulfed by surrounding fans and somehow lost possession of the ball in the ensuing chaos. Mr. Hayashi was also knocked over by the mob. While attempting to get to his feet, however, he came into possession of the ball which he discreetly put into his pocket. Mr. Hayashi kept the ball hidden. He asked the cameraman to point the camera at him. Once the camera was directed towards him, he revealed that he had possession of the ball. By this time, Mr. Popov had returned to his feet. He made several statements to the effect that he had obtained some level of control over the ball and intended to keep it. When he saw that Mr. Hayashi had the ball he expressed relief and grabbed for it. Mr. Hayashi pulled the ball away. Mr. Hayashi was then escorted to a secure location by ballpark staff.

Subsequently, Mr. Popov brought a claim for conversion against Mr. Hayashi seeking to recover the baseball. In effect, he seeks a judicial declaration that he either has possession or the right to possession.