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

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 Judge Reverses Workers Compensation Protection For Covid-19 Diagnosis

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.

Illinois Governor Pritzker Sign New Toxic Substance Bill Protecting Workers

New Illinois Governor, J.D. Pritzker, did not waste any time on the job protecting workers right. Earlier this month he signed into law Senate Bill 1596, which lifted a 25-year statute of limitation on claims for work diseases caused by toxic substances such as asbestos and radiation. The new law intends to help people diagnosed with latent diseases after exposure to toxic substances in the workplace.

In some cases, the 25-year limit imposed by the Illinois Workers’ Compensation Act and the Workers’ Occupational Diseases Act is shorter than the medically-recognized time period in which some diseases generally manifest. The new law protects victims’ access to justice beyond that time limit.

This is the type of protection that is needed for workers and incredibly important that the Governor signed this into law. For example, if someone works for years in a plant or a factory that exposes them to toxic substances, and they are not diagnosed with a disease linked to these substances until after 25 years after leaving the job, why should they be punished by banning them from benefits. Certain cancers like mesothelioma can remain latent in someone’s body for years and years, and there is no reason to prevent them from receiving benefits owed to them because the disease didn’t manifest itself earlier than it may have for others. Kudos to Governor Pritzker for making this a priority.

If you or a loved one have become seriously injured in a Chicago work accident or need to file an Illinois Workers’ Compensation claim, then call Chicago workers compensation attorney, Aaron J. Bryant, to help protect your rights at 312-614-1076.