Category Archives: Professional
San Francisco Giants Outfielder’s Concussion Lawsuit Raises Legal Questions About Stadium Liability – Again
By Eugene Egdorf, Senior Counsel, Shrader Associates
On April 24, 2018 San Francisco Giants’ outfielder Mac Williamson found himself tracking down a routine fly ball that was moving toward foul territory. Unfortunately for Williamson, he lost his balance, tripped over the bullpen mound, and crashed headfirst into the outfield wall. Williamson suffered serious concussion symptoms. Though he eventually returned to the field for 23 games, his season ended upon a diagnosis of post-concussion syndrome. Williamson never recovered, and was soon out of baseball, his career over. He has now brought a lawsuit in San Francisco Superior Court against China Basin Ballpark Company, the operator and owner of Oracle Park, home of the Giants.
Sports fans have long recognized that injuries are a part of the game. We collectively hold our breath when there is a hit over the middle on the gridiron, or a defender takes a hard charge under the basket, or when a shortstop has his legs taken out as a runner looks to break up a double play. But in recent years, an alarming trend is developing, where athletes suffer serious injuries not from a collision with another player, but due to the conditions of their stadiums or playing surfaces on which the games are played.
In December 2011 Houston Texans’ punter Brett Hartmann suffered a career-ending knee injury when his foot was caught in an exposed seam of Reliant Stadium’s turf tray system. In prior years, several players suffered significant injuries related to the Texans’ turf, prompting cries for a change. The author represented Hartmann, whose case eventually settled. While Hartmann’s suit was pending, Philadelphia Eagles’ linebacker DeMeco Ryans stepped in another seam and tore his Achilles’ tendon, ending his career. His lawsuit remains ongoing. The NFL utilized a different field when Houston hosted Super Bowl LI, and subsequently the tray system was replaced by an artificial playing surface.
More recently Reggie Bush was awarded $12.5 million by a St. Louis jury for a knee injury resulting from slipping on exposed concrete out of bounds close to the playing surface. Notably, there had been prior injuries related to the concrete, yet the stadium operators never remedied the danger.
Williamson’s is not the first such baseball player lawsuit. In 2018 Dustin Fowler, playing in the first inning of his major league debut for the New York Yankees in Chicago, collided with an unpadded metal electrical box. Fowler ruptured his patellar tendon and yes not returned to the diamond. He never even had the opportunity to bat a single time before his career was seemingly ended. His lawsuit remains ongoing after a judge refused to refer the case to arbitration.
At the time of Williamson’s injury, few teams had their bullpens in the playoffs area. Several other players had tripped over the bullpen mounds, though fortunately none had suffered major injuries. The Giants subsequently relocated the stadium bullpens to the outfield.
Premises claims are never easy, and certainly even less so for a professional athlete. Ryan’s lawsuit has bogged down because of the contested issue of the applicability of the players’ collective bargaining agreement and whether the case should proceed in arbitration. CBA’s often pose an insurmountable hurdle to players bringing lawsuits. But a ruling in Fowler’s lawsuit will certainly be cited by Williamson’s counsel. The federal judge in Chicago hearing the case ruled that the CBA did not preempt Fowler’s claims and he could proceed with his negligence theory in district court.
Nevertheless, CBBC will certainly raise a number of other defenses to Williamson’s claims. As in many premises claims, CBBC will … (To read the rest of the story, please subscribe to Concussion Litigation Reporter, in which this article appeared.)
February 2020, Vol. 8, No. 8
Timely reporting on developments and legal strategies at the intersection of sports and concussions—articles that benefit practicing attorneys who may be pursuing a claim or defending a client.
Table of Contents
- Paramount Pictures Moves to Dismiss Lawsuit Brought by Family of Ex-Football Player Who Died After Suffering Multiple Concussions
- School District Plans to Make Youth Football League’s Use of Facilities Conditioned on Easing Away from Tackle Football
- Why is the Scottish FA banning children from heading footballs?
- Images of the Brain Can Be Used to Tell Lies
- Expert Shopping Steals the Headlines in the Concussion Litigation Arena
- Concussion Legacy Foundation’s Nowinski Gets Active on Social on Eve of Super Bowl
- Congressmen Introduce Bill to Improve Student Athlete Concussion Safety
- Indiana-based School Corporation Adds Extra Layer of Concussion Insurance
- Upcoming Concussion Conference Tackles a ‘New Understanding’ about CTE
National Football League Veteran Wes Chandler Creates WCTE Inc. to Tackle Chronic Traumatic Encephalopathy
Former NFL player, Wes Chandler, a member of the San Diego Chargers Hall of Fame, and most recently an inductee into the College Football Hall of Fame, announced today the formation of a biotechnology company named WCTE Inc. which is dedicated to the diagnosis, intervention, and cure of Chronic Traumatic Encephalopathy (CTE).
At present, the formal diagnosis of CTE can only be made after death, and there is currently no treatment available. CTE is the cause of depression and suicide in numerous football players, according to Chandler, founder and CEO of WCTE.
“WCTE Inc. was formed because of the urgent unmet need to treat my friends and colleagues, who have sacrificed their health and their lives for popular entertainment. Now that they need our help, it is our responsibility to be there for them,” said Chandler, who was a star receiver at the University of Florida before moving on to the NFL. “It is my vision to identify, integrate and incorporate the latest technologies in order to provide a fighting chance for my colleagues.”
CTE has been understudied in contrast to other types of brain injuries, resulting in a time sensitive opportunity for development of intellectual property and therapies in this relatively unexplored area, according to Chandler. In addition to the estimated $2 billion CTE market, technologies developed addressing CTE possess potential to address the substantially larger Alzheimer’s and aging market.
The company’s immediate focus falls upon three areas. First, capturing all intellectual property related to CTE through licensing/filing of patents. Secondly, obtain ID approval to initiate a CTE clinical trial using its clinical state stem cell product WesCellTM. Lastly, generating revenue through sales of NeuroStilbeneTM.
Assisting Chandler in organization of WCTE is Dr. Thomas Ichim, a successful biotechnology entrepreneur whose career successes include taking a stem cell company from discovery of the stem cell to FDA clearance, to sale of the company; 121 peer reviewed papers; 130 patents and patent applications; and successful development of 5 cellular therapeutics that have entered the clinic.
“I am honored to work with Mr. Chandler on helping find a cure for his colleagues and others who suffer from this devastating condition. Having known Wes for several years, I can attest he brings a fresh, multi-disciplinary, goal-oriented, approach to biotechnology. I look forward to working with him in identifying, licensing, and developing key technologies useful for treatment of CTE,” said Dr. Thomas Ichim.