OT - Houston WR Edwards suing Marshall
So I just saw this article:
http://sportsillustrated.cnn.com/2010/football/ncaa/08/31/edwards-sues-marshall.ap/index.html
Apparently, a Houston WR who broke his leg against Marshall in 08 is suing Marshall and the CUSA for violations of rules on maintaining a safe playing field. I didn't see this play live, but it is readily available (Warning: a little graphic).
What's your take on this? I definitely think he's in the right. It was TOTALLY irresponsible to have that cart there. I can't imagine the circumstances under which somebody didn't realize that was stupid. On the other hand, I'm concerned about what this could mean for the future of football, and schools being held liable for millions in potential lost pro revenue because they allowed play when the turf was wet.
September 1st, 2010 at 9:41 AM ^
those carts should not have been there.
September 1st, 2010 at 9:43 AM ^
That was pretty stupid to put that there and risk anyones safety. But I don't know if I agree with you on the turf being wet part. That is no matter what a part of the game and will always be. Either way, what dumbass left those carts there?
September 1st, 2010 at 9:43 AM ^
...you gotta pay!
September 1st, 2010 at 9:44 AM ^
IMO, this is a pretty easy case. I don't think that the slippery slope argument about it causing problems for other schools/conferences will hold water. This is an isolated situation where it wasn't the weather or the field that caused problems. It was negligence on the part of the event staff.
September 1st, 2010 at 9:46 AM ^
But I'm always concerned about people's ability to grub for money.
September 1st, 2010 at 10:17 AM ^
sad, but true.
September 1st, 2010 at 9:46 AM ^
all of the best going forward.... Any update on him? I would assume with a lawsuit, maybe it was serious enough to have cost him the ability to play again?? Can anyone confirm?
Side note, one of the more gruesome injuries ive ever seen a clip of...OUCH
September 1st, 2010 at 9:49 AM ^
he came back and had a 1000 yard receiving season last year, so I doubt if he's going to get millions. But a few 100K for the pain, suffering, and mental anguish from that (am I ever going to get back?) is very fair.
September 1st, 2010 at 9:47 AM ^
I think it was a Tuesday or Thursday night. I hope the large chunk of change he will receive makes his life a little better, pain free and healthy.
September 1st, 2010 at 9:49 AM ^
That band paraphernalia should not have been there.
September 1st, 2010 at 9:55 AM ^
I am waiting for the first time a player sues an opponent for intentional injury. There are plenty of teams who seem to be trained to give the opponent's leg an extra "twist" in the pile to try and get him out of the game. Rushers often give QB's a "little extra" after a pass. With everything being filmed in "iso" nowadays, there should be no shortage of evidence when it does happen that way.
I'm very surprised things like this haven't happened already.
September 1st, 2010 at 10:12 AM ^
It's nearly impossible to sue or prosecute an individual player, much less a team, for something that happens on the field of play. Of course, we have seen an individual punished in hockey for an egregious offense, but never a team. IMO, trying to sue a team for training players to intentionally injure opposing players would be pretty fruitless.
September 1st, 2010 at 10:35 AM ^
Maybe a current law school student can confirm this, but when I was in school I recall reading an older case (60s or 70s maybe) where an NFL player sued the opposing team or a player for an injury. I imagine the sports leagues now have a very broad definition of activities that are included/expected as part of the game.
September 1st, 2010 at 11:27 AM ^
I believe that's right. I think it was a Cincy Bengals player.
I say I "think" because I'm not a current law student but rather a current lawyer who has forgotten virtually everything from Sports Law at UM. But I do think the scope of activities and risks you assume on the field is broad enough that dirty play won't get you a tort claim.
This is totally different, and in my opinion, completely justified.
September 1st, 2010 at 11:14 AM ^
I would assume that in order to play (either in college or professionally), you would have to sign various waivers. I'm guessing that players have signed away their right to sue for that kind of thing by the time they step out on to the field.
September 1st, 2010 at 9:56 AM ^
No conceivable reason for those carts to be there - total negligence - hard to find a better example.
September 1st, 2010 at 9:59 AM ^
Good for him. I hate frivolous lawsuits, but this is entirely reasonable.
September 1st, 2010 at 10:06 AM ^
I watched between the fingers of my hand covering my face. Holy f-ing ouch. His leg just came apart like a Jenga tower.
September 1st, 2010 at 10:09 AM ^
It was all over ESPN for a few days.
That sort of negligence could cost a player their future in football and was completely preventable. Not frivolous at all.
September 1st, 2010 at 10:11 AM ^
is that band paraphenalia or are those guns wrapped up in covers on the grass there? looks like rifles to me, in which case, double yikes.
September 1st, 2010 at 10:55 AM ^
we are fortunate that they didn't uncover themselves and attack the crowd.
September 1st, 2010 at 1:06 PM ^
carts don't break people's legs, people's legs get broken on carts!
September 1st, 2010 at 10:13 AM ^
Yeah Marshall should probably pay for that mistake. You can't let that happen. The video is pretty gross, but I did enjoy the guy yelling "WALK IT OFF."
September 1st, 2010 at 10:15 AM ^
I remember that play when it happened, and honestly, I've been waiting for this lawsuit ever since.
September 1st, 2010 at 10:28 AM ^
I'm second to none in my criticism of civil law in this country. That being said, when somebody just F's up and it hurts somebody, I don't have any problem with them being held accountable.
Now, this case...I'm not up to speed on the law so I can't really be sure. How much space outside the playing field needs to be cleared? Are there league/NCAA/OSHA standards? I'm sure all this will be hashed out in the suit. If some jackass couldn't be bothered to move that stuff and the guy got hurt because of it, let him be punished. When Bo was coach, a player ruptured his liver when he jumped into the brick wall going for an overthrown pass. He sued UM and lost. It was an accident, nothing more.
"It's nearly impossible to sue or prosecute an individual player, much less a team, for something that happens on the field of play. Of course, we have seen an individual punished in hockey for an egregious offense, but never a team. IMO, trying to sue a team for training players to intentionally injure opposing players would be pretty fruitless."
What I'm waiting for is for a player to be injured by spearing or helmet-to-helmet contact, and sue the coaches or the refs. They can subpoena practice tapes and game films and make a case that coaches were either malevolent (they were coaching it) or negligent (were not coaching for safety or were not aware of the rules) and that caused the player's injury. The mere specter of being sued will bring most coaches and athletic depts into line.
With all the concern about concussions these days, it's only a matter of time before a coach or an officiating crew gets sued for not ensuring a "safe" playing environment. From all the football I've seen, especially at the high school level, a lot of coaches are not coaching safe tackling, and a a lot of refs are not calling it. Refs tend to not want to believe players are being coached to do something wrong, and so penalize (or give them a break on it) as if they were isolated incidents. Check: when's the last time you've seen back to back holding calls on a team that is obviously being coached to hold pass rushers?
September 1st, 2010 at 10:31 AM ^
I think those shaft/rifle-like things are flags to run on the field with?
I love Lou - "what are in the carts?"
Then the staff start moving the carts quickly.
September 1st, 2010 at 10:33 AM ^
Watching that made me cringe. It reminded me of my wife's fall on roller blades that broke her wrist. Compound fracture. Just recalling the sight of her radius and ulna sticking out through her skin still turns my stomach.
September 1st, 2010 at 10:35 AM ^
the PERFECT lawyer for him
September 1st, 2010 at 10:42 AM ^
I'm too scared to watch this video.
September 1st, 2010 at 11:06 AM ^
Stupid to leave those carts there. It's one think if there's a wall that the player is aware of, but movable equipment should be as far away from the field as possible.
September 1st, 2010 at 12:24 PM ^
From the title I thought the suit was for something that occurred during the game, and I thought it was frivolous. But after seeing the video, I totally agree that Marshall should be held liable for leaving that equipment so close to the field of play. Maybe if the equipment was left behind a bench and the player had to jump over a couple of obstacles first, that would make sense. But leaving those carts about 5 feet from the back of the endzone was pretty dangerous.