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.)

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Concussion Webinar on December 1 Examines a ‘New Understanding’ about CTE

The litigation may have slowed when it comes to concussions. But certainly not the debate about chronic traumatic encephalopathy (CTE).

Just a couple years ago, those who questioned the threat of CTE in contact sports were considered to be in denial. That has changed, however, thanks to a better understanding in the medical community and the courts, who have reconsidered the prevalence of CTE as well as the assumption that it is a progressive, degenerative disease.

That debate over CTE will take center stage at 1 p.m. EST on December 1 when experts gather for a 1-hour webinar sponsored by Wilson Elser and Concussion Defense Reporter.

Presenters in the webinar include:

Wilson Elser has been at the forefront of sports concussion law, representing clients nationwide, who are under assault by plaintiffs’ attorneys who are relying on the science around CTE in an effort to prove their claims.

For more information, visit here.

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Seven Stories to Read in the November Issue of Concussion Litigation Reporter

The latest issue of Concussion Litigation Reporter includes seven articles. Check out the Table of Contents below:

November 2020, Vol. 9, No. 5

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.

Articles

Visit here to subscribe.

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