Ex-MLB Player Sues His Old Team For Career Ending Injury

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Former San Francisco Giant’s baseball player, Mac Williamson, has sued his old team for a catastrophic head injury he suffered in 2018. On April 24, 2018, Williamson tripped over the bullpen mound placed in the outfield at San Francisco’s AT&T Park causing him to hit his head against the wall in left field foul territory. Williamson filed suit against China Basin Ballpark Company (“CBBC”) the subsidiary that owns and operates AT&T Park.

According to the lawsuit, Williamson suffered a severe concussion, which allegedly ended his career playing major league baseball. The lawsuit claims the following:

“It has long been known that bullpen mounds on the field of play create an unreasonable risk of harm… Prior to building the Park, CBBC knew, or at a minimum should have known, that placing bullpens on the field of play was a safety hazard for players.”

Typically when filing a premises liability lawsuit and eventually proving the claim in court, the Plaintiff must show that there was a defect on the premises and that the owner knew about the defect and chose not correct it or failed to provide any warnings. In this case notice is not the issue as the Giants placed the bullpen mounds in the outfield foul territory when the stadium opened in 2000 and kept them there until 2019. The question is whether having the mounds out there would be considered a defect. Although not very common anymore, there have always been bullpen mounds in foul territory at major league baseball stadiums. The players obviously know about them, but the question is whether they could still be considered a defect. This is most commonly a question of fact for the jury to decide. So, at the very least, Williamson should be able to avoid any motions to dismiss and summary judgment motions by the defense as long as they have an expert opinion concluding that leaving the mounds on the field are a defect on the premises.

Regardless, the defense will definitely file what are called affirmative defenses, which can reduce their amount of fault. Those affirmative defenses could include comparative fault (Williamson was at fault for tripping over the mound) or also the “plain view” defense as the mounds were in the Plaintiff’s view prior to tripping and he should have avoided it. I think the affirmative defenses will be hard for the defense to prove in this case because because the Williamson’s attorney’s will argue that he was doing everything in his power to help his team win by attempting to catch the baseball and record and out, and while doing so, it was impossible to avoid the mound that he tripped over.

This is a unique case that I haven’t seen before. The damages here could be significant if they can prove that Williamson lost out on multiple years of salary as a major league baseball player. This could total into the millions of dollars. Williamson will also be asking for pain and suffering and loss of a normal life. This is also significant as he is not longer able to partake in his life’s passion – – playing baseball. Plus, his comments indicate that his day to day struggle with his brain injury has been significant.

One final issue to remember is that depending on California workers’ compensation law, Williamson could be owed money from the team for his work injury. Workers’ compensation does not require proof of wrongdoing by the employer. The employee merely has to prove that his accident happened on the job and was caused by his employment. Though the damages awarded are not as high as they would be in civil court, he could be owed payment of his medical bills, lost time from work and a lump sum permanency award for his head injury. There is also the possibility that he could be awarded a wage differential at trial (or via settlement), which is typically 2/3 of the difference of what he was earning in major league baseball less what he can earn in the open market. Again, this could be significant since most jobs do not pay anywhere near what professional baseball players earn. Williamson may have already filed a work comp claim, although it is unclear in any of the media I have read about this case.

If you or a loved one have been injured in a Chicago slip and fall case or suffered an Illinois work injury or have an Illinois Workers’ Compensation claim, then call Chicago accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Illinois State Police Renew ‘Click It Or Ticket’ Campaign

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The Illinois State Police (“ISP”) have rolled out their ‘Click-It or Ticket’ traffic campaign for November. State police are focused on motorist safety as traffic congestion has ticked from earlier in the year due to the Covid-19 pandemic shut down.

In November, the ISP will increase their daytime and nighttime patrols to ensure the safety of vehicle travelers through enforcement of all traffic safety laws. 

– Driving Under the Influence (DUI);
– Safety Belt and Child Restraint use;
– Speeding; and
– Distracted Driving

According to the Illinois Department of Transportation, impaired driving is a factor in more than 30 percent of traffic deaths in Illinois. Likewise, speeding is a factor in nearly 35 percent of fatal crashes; and, nearly 50 percent of vehicle occupants killed in traffic crashes were known to not be wearing a seatbelt. No matter what time of year it is remember to buckle up and put your phone down when you get behind the wheel. You will save your own life and protect your passengers and those around you.

If you or a loved one has been seriously injured in a Chicago traffic accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Mayor Lightfoot’s Budget Proposal Includes New Speed Camera Fine

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Last week Chicago Mayor Lori Lightfoot introduced her 2021 city budget. As usual, there was quite a bit of anticipation, but more so this year due to shortfalls that have come with the Covid-19 pandemic.

One interesting proposal includes a new speed camera fine that would ticket drivers going 6 mph over the speed limit. Speed cameras were originally introduced by pervious mayor, Rahm Emanual. They were implemented with a lot of skepticism despite Emanual’s repeated statements that they were implemented for safety reasons only. He was adamant that they were not a money grab for the city. Lightfoot has stated the same: speeding is “clearly a public safety issue” and stricter speed enforcement was necessary to keep motorists and pedestrians safe. She said “exponentially” more “speed-related accidents and deaths” in 2020 was the justification for the new ticket standard, which would start with a warning followed by a $35 ticket for a repeat offense.

This is interesting as data published by the Chicago Tribune , indicates that so far this year there are 20,000 less car crashes in the city compared to this time last year. There have been 28 more Chicago traffic fatalities this year compared to this time in 2019.

I think it is clear that the mayor is doing everything she can to come up with money for the budget shortfalls. I don’t necessarily blame her. But be aware as you’re driving around the city. There may be a camera tracking you and you may receive a ticket in the mail. Speeding, even slightly, could cost you money.

If you or a loved one has been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago car accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Illinois Traffic Accidents and Congestion Increasing Despite Covid-19 Shutdown

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The Covid-19 pandemic has affected almost every industry, the public sector and pretty much all aspects of our lives. When the pandemic started and the shelter in place order was announced by Governor JB Pritzker, traffic congestion and car accidents decreased dramatically.

The state slowly began opening back up again and traffic levels have increased in Chicago and throughout the state. They are still not and pre-pandemic levels, but as you drive around the city you are seeing much more congestion and the numbers back it up, which has been the reason for more car accidents.

Despit the record low levels of traffic from March through May, the Illinois Department of Transportation (“IDOT”) has reported 786 fatalities in vehicle crashes, a 16-person increase from 770 on Oct. 11, 2019.

This is an unusual trend that IDOT spokeswoman, Maria Castaneda, tried to explain recently: “While we can’t speculate and don’t know all the reasons why the overall numbers are aligning from last year with fewer cars on the roads, anecdotally we have noticed an increase in higher speeds,” C

Illinois State Police Sgt. Christopher Wilson added, “it is extremely difficult to make assumptions as to traffic trends, and even more difficult in these unprecedented times as we have no frame of reference to compare.”

So we are seeing more traffic on the road but not nearly as much as last year, yet Illinois traffic fatalities are at a higher rate than a year ago. According to a car accident lawyer, motorists are driving faster than normal, and are thus putting themselves in a much more dangerous situations. I would like to see more analysis than what IDOT has provided so we can understand why accidents, including deaths, have not gone down despite less traffic on the road. Do these accidents involve distracted drivers or texting and driving? Hopefully IDOT will provide us with a better understanding by the end of the year.

If you or a loved one was seriously injured in a Chicago car accident or Chicago truck accident, then call Chicago injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076 or contact us through our website at www.blgchicago.com.

Teen Driving Deaths Down Drastically In Illinois

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According to Illinois Secretary of State, teen traffic fatalities have decreased by 74% since 2007. According to data recently released to the media, there were 41 Illinois teen traffic deaths in 2019 and 48 in 2018. This is compared to 155 in 2007.

Why are they comparing the last two years to 2007? Well, in 2008 Illinois introduced the “graduated driver license” or the GDL, which includes three phases. The first phase is the “permit phase” for 15-year olds, followed by the “initial licensing phase” for 16-17 year olds. Then comes the final “full licensing phase” for those 18-20.

Here is what Illinois Secretary of State had to say about GDLs and the improved numbers: “The goal has always been to save lives. While our graduated driver licensing (GDL) program is working as intended with teen driving deaths decreasing, there is still more work to be done. My hope is that with hard work and continued open communication between my office, teens, parents and driver education teachers, teen fatalities will continue to decline.”

I am impressed by these numbers. The main reason is that the year this law went into effect, was the same time period the I-phone was introduced, which was the same time that the distracted driving epidemic began. We have to give the Illinois legislature and the Secretary of State’s office their credit as this GDL program seems to be working as slowly prepares young people with the training, skill and confidence to drive safely. Let’s hope this trend continues.

If you or a loved one has been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago car accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Chicago Inspector General Rips City’s Traffic Light Management

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The Chicago Sun-Times reported this week on local Inspector General, Joe Ferguson’s, blistering report about multiple traffic management inssues within the city. The report states, in part, ““Rather than proactively maintaining and retiming traffic signals, [the city] conducts most of its work in response to 311 complaints, aldermanic requests and major construction projects,” the report concluded. “This approach to maintenance limits [Chicago’s] ability to address problems before they become hazardous or unnecessarily expensive to repair.”

The report also states that the traffic light management in Chicago is woefully understaffed. Chicag has four traffic signal engineers while federal recommendations say it should have 28, the report said. Also, Chicago has 27 traffic signal technicians, compared with a federal recommendation of 71.

This is not encouraging news for several reasons. First, this report reveals the lack of progress needed to meet previous mayor Rahm Emanuel’s “Vision Zero” plan, which aimed at eliminated all pedestrian fatalities. Second, based on the city’s response, there doesn’t appear to be any urgent plan to correct these issues due to budgetary deficits.

I would like to wait and see Mayor Lori Lightfoot’s response to this report before casting too much blame. She has only been in office for a year and has had to respond to a global pandamic, protests and riots. I believe she will respond, but this was not a good report. Based on earlier budget decisions, it appeared that Lightfoot was focused on decreasing traffic congestion and making our streets safer for motorists, pedestrians and bicyclists. This report sheds light on issues that need to be addressed before the city can fully say they are committed to improving traffic safety, decreasing congestion and pollution. The ball is in her court.

If you or a loved one have been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant for a free legal consultation at 312-614-1076.

IDOT Releases April Traffic Numbers

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Anyone who looks out their windows or gets in their cars and drives around Chicago’s expressways can see that motorist traffic is a fraction of what it was two (2) months ago. The Illinois Department of Transportation (“IDOT”) confirmed what we see everyday as they released April traffic numbers. No surprise, they are way down.

According to IDOT traffic on Chicago area expressways was down anywhere from 29 to 45 percent this April compared with April 2019. IDOT said that on the Kennedy Expressway, the number of work week inbound vehicles dropped from 1.1 million vehicles to 626,000, a 45 percent drop. Statewide traffic is estimated to be down about 37 percent. Illinois Toll Highway Authority said April saw a reduction fo 55 percent in traffic volume, resulting in $52 million less in tolls than expected

For essential workers or those who choose to go into their offices are obviously seeing much faster commute times. According to IDOT the outbound evening rush hour are an average of 21 to 24 minutes faster. 

IDOT to not release any information regarding Illinois traffic accidents for April.

If you or a loved one has been seriously injured in a Chicago car accident or Chicago truck accident, then call Chicago personal injury attorney, Aaron J. Bryant for a free legal consultation. If you’re looking for a great charter bus transportation for long trips, try Harmon Bros Trailways Services.

Chicago Car Crashes Have Been More Severe During Covid-19 Shutdown

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As many would suspect traffic is way down during the Covid-19 shutdown. There have been an estimated 70% less Chicago car accidents since the shelter in place order began in mid March. This comes as no surprise due to the lack of motorists on the road. Regardless, we have seen an increase in the severity of Chicago car crashes.

Northwestern’s study, found that after the stay-at-home order went into effect, the percentage of incapacitating or fatal crashes ticked up. “You had so much less traffic,” said NUTC Director Hani Mahmassani. “That was so unusual. You’re so used to driving very slowly on Chicago streets, so when you had that, people’s natural instinct was to speed up.”

Chicago and the state of Illinois are not alone with these numbers and “In some states, anywhere from 50% to 70% less miles (are driven), but the fatalities are up,” said NSC President and CEO Lorraine Martin. We really need to get to the root cause and understand what the behavior is that’s causing this kind of disturbing spike in very severe crashes.

Why the increase in traffic fatalities and severe injuries? Drivers feel at liberty to drive at excessive speeds as very few others are on the road. Local Chicago officials believe they have seen an uptick in speeders since the shutdown. The Chicago Department of Transportation warned of a 14% of increases speeders on city roadways. The Chicago Police Department and Illinois State Police said they’ve increased visibility and have some targeted patrol efforts. But Martin says road safety doesn’t just fall on law enforcement.

Even if there are less drivers on the road, it is important to stay vigilant and aware of others on the road. There are many who believe they can speed and drive recklessly when no one else is out there.

If you or a loved one has been seriously injured in Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Illinois Judge Reverses Workers Compensation Protection For Covid-19 Diagnosis

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I wrote a few weeks back about Illinois Governer JB Pritzker’s announcement that all Illinois essential workers who become infected with Covid-19 would have automatic workers’ compensation protection. In other words, they would not have to prove the usual step that their injury (“Covid diagnosis”) was directly caused while working within the course and scope of their employment. Following this order and amendment to the Illinois Workers’ Compensation Act, the Illinois Retail Merchants Association and the Illinois Manufacturers’ Association filed a lawsuit seeking a temporary restraining order blocking this change to the Act.

The temporary restraining order was granted by a Sangamon County judge. The Illinois Workers’ Compensation Commission immediately issued a statement stating: “The commission voted unanimously this morning to repeal the emergency rules that took effect April 16.” It is unclear whether this ruling by the judge will be appealed or whether the Illinois legislature will take this up and vote on making an ammendment to the Illinois Workers’ Compensation Act.

This is an unfortunate turn of events as essential workers such as nurses, medical professionals, retail workers and delivery drivers will not have automatic protection despite risking their health by going into work every day. If these essential workers do become infected with Covid-19, and they believe it happened while at work, they still have the right to file an Illinois Workers’ Compensation claim. Although, their attorney will have to prove at trial that the Covid-19 was caused while at work. This would need to be done through medical expert testimony. Basically, a doctor would have to testify (either through their records or at deposition) that they believe within a reasonable degree of medical certainty that the worker’s Covid-19 diagnosis was caused by their exposure at work as a front-line essential worker. These claims can be made, it will just be a lot more difficult without an amendment to the Illinois Workers’ Compensation Act.

If you or a loved one were seriously injured in a Chicago work accident or have an Illinois workers compensation claim, please call Chicago work comp attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Chicago Red Light Camera Violations Down Amid Coronavirus

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Red light cameras have been a topic I have written about numerous times on this site. This issue has been often criticized by the media and academics alike. The characters behind the contracts with the city of Chicago have been put in jail for fraud, all the while multiple studies have shown they bring almost no positive safety impact on the intersections where the lights are placed.

Prior to the Covid-19 pandamic outbreak, which led to a shelter-in-place throughout the state, the Illinois house of representatives passed a bill that would have outlawed red light cameras. That bill never had a chance to reach the Senate as the state legislature closed down like most businesses.

Regardless, red light cameras are still in effect in Chicago and throughout Illinois. The Chicago Sun Times reported last week that red light camera violations are down 45% in March compared to February 2020. And compared to March 2019, red-light violations in Chicago were down 54%, numbering just 19,840 in March 2020 compared to 42,812 in March 2019. “At this time, we are seeing a nationwide trend of fewer citations overall, driven by the lower amount of traffic on the roads,” said Neil Franz, a spokesman for Conduent State & Local Solutions Inc., the vendor that operates Chicago’s red-light cameras.This is no surprise as motor vehicle traffic is way down since the shelter-in-place order took effect in mid-march. I have not seen any numbers for April yet.

As I have written multiple times in the past, I do not see any benefit of red light cameras other than a money grab for local governments. Studies have been performed by engineers and traffic experts that conclude there is no beneficial safety impact for having red light cameras in place. What is the point of having these in place if they do not make our intersections safer? I hope that when the Illinois legislature is back in session (presumably this Fall), they take up this bill again and outlaw these cameras foreever.

If you or loved one has been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago injury attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.