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A's player suing Detroit Tigers, et al
Posted: September 29 26, 7:35 pm
by CardsofSTL
https://www.espn.com/mlb/story/_/id/500 ... etal-fence
Athletics outfielder Zack Gelof has filed a lawsuit against the Detroit Tigers, Ilitch Holdings and the Detroit-Wayne County Stadium Authority for damages after his right knee slammed into a Comerica Park fence during a game last summer.
"We are aware of the lawsuit and do not comment on pending litigation," the Tigers said in a statement on Tuesday.
While not specifying an amount, the lawsuit seeks compensation for "severe" pain and suffering, lost wages and economic loss, mental and emotional distress, "significant" medical bills, attorney fees and other damages.
Re: A's player suing Detroit Tigers, et al
Posted: September 30 26, 9:12 am
by heyzeus
I'm not a Michigan lawyer, so of course I'm not familiar with their state common law or statutes, but assumption of risk is the prevailing defense in cases like this. When you sign up to play a sport, you assume there's risk of injury.
The same doctrine's also applied to fans who get injured in stadiums by line drives or errant pucks, but plaintiffs tend to do better there, understandably. (Juries recognize that top athletes are well aware of injury risk, and are compensated in part for that risk, while spectators may be less aware, are not compensated, and there may be greater remedial measures the stadium operator can take to protect fans that might not apply to playing an inherently risky sport).
Gelof will have to prove that there was some known (or could have reasonably been ascertained) and dangerous aspect of the design of Comerica Park that the Tigers' ownership could have mitigated that would have obviated his injuries.
Re: A's player suing Detroit Tigers, et al
Posted: September 30 26, 11:58 am
by Fan_In_NY
I remember Dustin Fowler of the Yankees sued the White Sox due to an injury related to colliding with an electrical panel being unprotected and jutting out from a wall. Ended in a settlement.
Re: A's player suing Detroit Tigers, et al
Posted: September 30 26, 12:07 pm
by ghostrunner
heyzeus wrote: ↑September 30 26, 9:12 am
I'm not a Michigan lawyer, so of course I'm not familiar with their state common law or statutes, but assumption of risk is the prevailing defense in cases like this. When you sign up to play a sport, you assume there's risk of injury.
The same doctrine's also applied to fans who get injured in stadiums by line drives or errant pucks, but plaintiffs tend to do better there, understandably. (Juries recognize that top athletes are well aware of injury risk, and are compensated in part for that risk, while spectators may be less aware, are not compensated, and there may be greater remedial measures the stadium operator can take to protect fans that might not apply to playing an inherently risky sport).
Gelof will have to prove that there was some known (or could have reasonably been ascertained) and dangerous aspect of the design of Comerica Park that the Tigers' ownership could have mitigated that would have obviated his injuries.
I can imagine a question like "you played X number of games in this stadium previously. Did you ever mention the fence?"
Re: A's player suing Detroit Tigers, et al
Posted: September 30 26, 12:21 pm
by Popeye_Card
I do think it is reasonable to ask why there is metal grating there. Every other ballpark that I can recall is fully padded there, or maybe has an advertisement sign (which may or may not be padded).
Maybe you put nylon netting there if you feel like you need to see through it (not sure why you would). But metal fence seems like a pretty bad idea for an area players might reasonably run into.
Re: A's player suing Detroit Tigers, et al
Posted: September 30 26, 12:24 pm
by Leroy
Did anyone run into the Houston pole?
Re: A's player suing Detroit Tigers, et al
Posted: September 30 26, 2:04 pm
by heyzeus
Leroy wrote: ↑September 30 26, 12:24 pm
Did anyone run into the Houston pole?
It looks like no player ever ran into the pole, but Richie Sexson hilariously once hit a ball off the pole that would've been like a 450 ft home run.
Re: A's player suing Detroit Tigers, et al
Posted: September 30 26, 2:05 pm
by heyzeus
Also I remember this highlight of our own Lance Berkman who for whatever reason was asked to play center field, and had a fun time up there.
Re: A's player suing Detroit Tigers, et al
Posted: September 30 26, 2:33 pm
by ghostrunner
Such an odd choice to have two levels of crazy in one area like that. The hill is one thing, but a pole on top of it is nuts.
Re: A's player suing Detroit Tigers, et al
Posted: October 1 26, 7:32 am
by CardsofSTL
That hill and flag pole was really crazy.
Also walls are not built to be run into.