Back in April, I examined current A’s center fielder Dustin Fowler’s pending lawsuit against the White Sox, arising from the injury he suffered when he ran into a concealed electrical box whilst running after a fly ball. Fowler filed a negligence suit, which requires that a plaintiff plead and prove the existence of a duty owed by the defendant to the plaintiff, a breach of that duty, an injury proximately caused by the breach, and damages.
On Tuesday, retired NFL running back Reggie Bush won a case that, as reader Sean Logue has anticipated, might be relevant to Fowler’s lawsuit. Here’s the pertinent information, per CBSSports’ Sean Wagner-McGough:
Midway through the 2015 NFL season, then-49ers running back Reggie Bush suffered a season-ending knee injury when he slipped on the concrete ring surrounding the field at the Edward Jones Dome, the Rams‘ former home in St. Louis. More than two-and-a-half years later, the Rams were found liable for the injury.
On Tuesday, a St. Louis jury ordered the Rams, who now reside in Los Angeles, to pay Bush $4.95 million in compensatory damages and $7.5 million in punitive damages for a grand total of nearly $12.5 million, according to the St. Louis Post-Dispatch. Dan Allmayer, a lawyer for the team, said that they plan to file a motion for a new trial.
Like Fowler has, Bush also sued in negligence. Here’s his complaint. The factual allegations of their cases differ: Fowler ran into a hidden electrical box, while Bush tore his ACL on a “slippery concrete surface” surrounding the playing field. (Here’s video of the injury, for context.) From a legal perspective, however, the lawsuits are remarkably similar. Both allege that the respective defendants had exclusive control over the respective stadia, that the defendants knew about the existence of a hidden dangerous condition, and neither defendant took any steps to warn players.
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