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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.)
The answer appears to be yes,according to a Central Ohio televisiin station.
In a report, the station profiled a promising high school football player, Tommy Horn, who attributed the severity of his injury to artificial turf.
“He had a bruised spinal cord, two broken bones in his back and a severe concussion,” reported the station. “Horn believes he suffered these severe injuries because he was being tackled on turf, not grass.”
The article went on to heighten the importance of the GMAX test,which tracks the hardness of the field, which may have been a factor in Horn’s case.
“If this opens the eyes of other high schools and prevents student athletes from getting hurt then pursuing their dreams, then I’m glad I can help and be the poster child of this injury unfortunately,” he said.
For the full report, go here:
United States President Barack Obama will host a conference — White House Healthy Kids & Safe Sports Concussion Summit — on Thursday that will address youth sports and concussions.
White House press secretary Jay Carney told the media that the summit will include the announcement of new initiatives to help research and address concussions in youth sports.
“The president will announce new commitments by both the public and private sectors to raise awareness about how to identify treat and prevent concussions, and conduct additional research in the field of sports-related concussions that will help us better address these problems,” Carney said.
Obama, meanwhile, is especially concerned about youths all the way through college athletes.
“NFL players have a union, they’re grown men, they can make some of these decisions on their own, and most of them are well-compensated for the violence they do to their bodies,” Obama told the Associated Press . “You read some of these stories about college players who undergo some of these same problems with concussions and so forth and then have nothing to fall back on. That’s something that I’d like to see the NCAA think about.”