oldschooler Posted December 28, 2010 Report Share Posted December 28, 2010 [size="5"][b]Couple sues over injuries from drunk fans at Bengals game[/b] [/size]Posted: 4:37 PM Last Updated: 9 minutes ago By DAN SEWELL Associated Press CINCINNATI (AP) - A woman says two increasingly intoxicated fans at a Cincinnati Bengals game finally fell on her, breaking her nose, finger and causing other injuries. The woman and her husband are suing the Bengals, the team's beer vendor and the county-owned football stadium for alleged negligence for continuing to serve alcohol to the fans. Rebecca Dunn and husband Curtis Dunn of Owensboro, Ky., say the fans, identified as John Doe and John Doe II, broke and gashed her nose, broke her finger and caused bruises and sprains. The Bengals declined comment Tuesday on the lawsuit filed late last month in Hamilton County Common Pleas Court and stemming from a 2009 NFL game with the Pittsburgh Steelers. The suit seeks unspecified damages for past and future pain and medical treatment. [url="http://www.wcpo.com/dpp/sports/football/bengals/Couple-sues-over-drunk-Bengals-fans"]http://www.wcpo.com/dpp/sports/football/bengals/Couple-sues-over-drunk-Bengals-fans[/url] I though John Doe was dead? Link to comment Share on other sites More sharing options...
Jason Posted December 28, 2010 Report Share Posted December 28, 2010 Sue the idiot fans who overindulged. The beer vendor, maybe. But the Bengals? I'm sure Mike Brown specifically told the vendors to keep serving the two morons so they could injure someone. The suit happy society is ridiculous. Link to comment Share on other sites More sharing options...
ChicagoBengal Posted December 28, 2010 Report Share Posted December 28, 2010 I'm sure the Bengals will have their attorneys subpoena the team's medical staff, at which time, they will diagnose the woman's injuries as a hangnail and PMS. Link to comment Share on other sites More sharing options...
Elijah15 Posted December 28, 2010 Report Share Posted December 28, 2010 lmao wow Link to comment Share on other sites More sharing options...
STRAYCAT Posted December 28, 2010 Report Share Posted December 28, 2010 well what do you expect..they are from kentucky and can't read the stickers on the back of the seats giving you the jerk line to call Link to comment Share on other sites More sharing options...
scharm Posted December 28, 2010 Report Share Posted December 28, 2010 [quote name='Jason' timestamp='1293573897' post='954765'] Sue the idiot fans who overindulged. The beer vendor, maybe. But the Bengals? I'm sure Mike Brown specifically told the vendors to keep serving the two morons so they could injure someone. The suit happy society is ridiculous. [/quote] Deeper pockets Link to comment Share on other sites More sharing options...
Le Tigre Posted December 29, 2010 Report Share Posted December 29, 2010 Hamilton County will be the target...then Aramark...then the Bengals. Just another day in litigation paradise. Link to comment Share on other sites More sharing options...
sparky151 Posted December 29, 2010 Report Share Posted December 29, 2010 what are called "dram shop laws" have been around for years. It makes bartenders and tavern owners liable for damage caused by drunks they served. The beer vendor is the equivalent of a bartender in this case. Link to comment Share on other sites More sharing options...
|Numbers| Posted December 29, 2010 Report Share Posted December 29, 2010 The couple in question run WYMAN COPASS MINISTRIES INC. out of their home in Owensboro, KY. She (Rebecca) has been married a couple times. Her recent one was in 1980 but her previous one was in 1979. Who knows if she was married before. This matters little other than what she gets from her husband(s). Their home is on a nice road with a very spacious yard. She is in her 40's as is her current husband. A quick look online will also see that they are affiliated with the hospital there in Owensboro also. Its a wonder they don't have a lawyer on speed dial. IMHO of course and is in no way intended to be derogatory. If I am not mistaken, she is the one with ties to Pennsylvania. IMHO of course and is in no way intended to be derogatory. In no way am I condoning this but who is to say that the fans were indeed drunk and/or the incident even happened at the stadium. Who is to say she did not sustain injuries prior to walking into the stadium. Why in the hell did she or her husband do nothing and waited until it escalated to the point of injury. This whole thing smacks of a lawsuit made before they even walked into the stadium. IMHO of course and is in no way intended to be derogatory. Their organizational costs exceed that of standard not for profit organizations. In other words, people that donate money and/or cars to them will see maybe 10 cents of every dollar actually going for a cause and 90% going into their pockets. IMHO of course and is in no way intended to be derogatory. Link to comment Share on other sites More sharing options...
scharm Posted December 29, 2010 Report Share Posted December 29, 2010 Did one of the guys have a "Fire Brat" shirt on? Link to comment Share on other sites More sharing options...
-GoBengals- Posted December 29, 2010 Report Share Posted December 29, 2010 tough sell on getting at the bengals.. they dont own the stadium or run concessions or handle the fan security.. county and aramark are on the hook for this one.... if anyone.. Link to comment Share on other sites More sharing options...
Le Tigre Posted December 29, 2010 Report Share Posted December 29, 2010 [quote name='sparky151' timestamp='1293586215' post='954821'] what are called "dram shop laws" have been around for years. It makes bartenders and tavern owners liable for damage caused by drunks they served. The beer vendor is the equivalent of a bartender in this case. [/quote] Very true. However, since the offending fans have not been identified--if they are even known--it will be a hard sell to the court as the connecting point between service of alcohol to known-intoxicated offender to resulting injury. I doubt they could even point to a beer stand or vendor and say: "that's who served them, knowing they were heavily intoxicated". Case will be hinged on security issues...and that will fall into the County's laps. Even that case doesn't appear to be that sexy to me based on what I have read. Link to comment Share on other sites More sharing options...
scharm Posted December 29, 2010 Report Share Posted December 29, 2010 [quote name='Le Tigre' timestamp='1293627364' post='954870'] Very true. However, since the offending fans have not been identified--if they are even known--it will be a hard sell to the court as the connecting point between service of alcohol to known-intoxicated offender to resulting injury. I doubt they could even point to a beer stand or vendor and say: "that's who served them, knowing they were heavily intoxicated". Case will be hinged on security issues...and that will fall into the County's laps. Even that case doesn't appear to be that sexy to me based on what I have read. [/quote] Oh, I don't know. Any good drunk knows the beer vendor. One of my lasting memories of Bengals games at Riverfront was these guys tipping a beer vendor about $200 around Christmas for taking care of them the whole season. Link to comment Share on other sites More sharing options...
oldschooler Posted December 29, 2010 Author Report Share Posted December 29, 2010 [b]Ky. couple sues Bengals, stadium over drunk fans[/b] By DAN SEWELL, Associated Press 11 hours, 6 minutes ago CINCINNATI (AP)—A woman says two increasingly intoxicated fans at a [url="http://sports.yahoo.com/nfl/teams/cin/"][color="#046bca"]Cincinnati Bengals[/color][/url] game fell on her, breaking her nose and finger and causing other injuries. The woman and her husband are suing the Bengals, the beer vendor and the county-owned football stadium for negligence, alleging they continued to serve alcohol to "noticeably intoxicated" fans at a 2009 NFL game. Bengals spokesman Jack Brennan said Tuesday the team wouldn't comment on pending litigation. Neither would the stadium vendor, Philadelphia-based Aramark Corp., company spokeswoman Dave Freireich said. Hamilton County officials didn't immediately return an after-hours phone call Tuesday seeking comment. Rebecca Dunn and husband Curtis Dunn of Owensboro, Ky., say the two men sitting behind them were served several drinks at Paul Brown Stadium before they fell on her, breaking and gashing her nose, breaking her finger, and causing bruises, sprains and other injuries. Their lawsuit seeks unspecified monetary damages for past and future pain and suffering and medical treatment that they say has cost $20,000 so far. The couple also are suing the fans, identified only as John Doe and John Doe II. The lawsuit accuses them of battery. "As a direct and proximate result of their intoxication, (the two men) lost control and fell" on (Rebecca Dunn), causing "catastrophic injuries" that required nose surgery and continuing orthopedic and other medical treatment, the lawsuit says. The incident also broke her $700 Oakley sunglasses and caused the couple to incur other expenses—they had to spend the night in a downtown hotel because the stadium garage closed after the game before they could retrieve their car, the lawsuit states. The Dunns also are seeking punitive damages. A court hearing on the lawsuit, filed Nov. 29, is scheduled for next month. The Bengals and other NFL teams have tried to control unruly fans through such efforts as the Bengals "Jerk" line, which fans can call during the game to report bad behavior. A lawsuit is pending in New York state court against the Mets baseball team and other defendants, filed by a woman who was hospitalized with spinal injuries after a fan her attorney says was drunk landed on her in 2007. The attorney, Joshua D. Kelner, said Tuesday that while the lawsuits will be decided under respective state law, teams generally have an obligation to provide crowd control and that alcohol providers may be held partially responsible for the actions of intoxicated people. The Bengals scored a 23-20 comeback victory over the Steelers in the Sept. 27, 2009, game. [url="http://sports.yahoo.com/nfl/news?slug=ap-bengals-drunkfans"]http://sports.yahoo.com/nfl/news?slug=ap-bengals-drunkfans[/url] Link to comment Share on other sites More sharing options...
|Numbers| Posted December 29, 2010 Report Share Posted December 29, 2010 [quote name='oldschooler' timestamp='1293628766' post='954875'] "As a direct and proximate result of their intoxication, (the two men) lost control and fell" on (Rebecca Dunn), causing "catastrophic injuries" that required nose surgery and continuing orthopedic and other medical treatment, the lawsuit says. The incident also broke her $700 Oakley sunglasses and caused the couple to incur other expenses—they had to spend the night in a downtown hotel because the stadium garage closed after the game before they could retrieve their car, the lawsuit states. The Dunns also are seeking punitive damages. A court hearing on the lawsuit, filed Nov. 29, is scheduled for next month. A lawsuit is pending in New York state court against the Mets baseball team and other defendants, filed by a woman who was hospitalized with spinal injuries after a fan her attorney says was drunk landed on her in 2007. The attorney, Joshua D. Kelner, said Tuesday that while the lawsuits will be decided under respective state law, teams generally have an obligation to provide crowd control and that alcohol providers may be held partially responsible for the actions of intoxicated people. [/quote] It's the firm of Kelner and Kelner, A New York based firm. Oddly enough, it is the same firm representing the fan in the NY Mets case. These guys are known for racking up some pretty significant money for their clients. My personal favorite was the sanitation worker whose foot was run over by sanitation truck and received 9.9 million dollars. The 7.25 million settlement for former corrections officer ran a close second. He was rendered quadriplegic as a self-inflicted gunshot wound... [quote]$36 million jury verdict for man rendered paraplegic when he was struck by a subway while he was on the tracks. $27 million jury verdict for construction worker who suffered severe brain injuries as a result of falling from a scaffold. $23 million jury verdict for man rendered quadriplegic as a result of motorcycle accident. $17 million settlement for the wrongful death of a businessman as a result of a hospital’s medical malpractice. $10.4 million jury verdict for construction site supervisor required to undergo numerous leg operations as a result of the collapse of a sidewalk bridge. $9.9 million jury verdict for sanitation worker whose foot was run over by sanitation truck. $9 million settlement for 64 year old man severely injured in automobile accident. $9 million settlement for construction worker who suffered brain injury when thrown from a forklift. $8.5 million settlement for woman who suffered head injury in automobile accident. $7.9 million jury verdict for man rendered wheelchair bound as a result of surgeon’s medical malpractice. $7.25 million settlement for former corrections officer who was rendered quadriplegic as a self-inflicted gunshot wound, after having been wrongfully entrusted with a handgun despite mental illness. $6.7 million jury verdict for man who sustained leg and hand injuries while working. $6 million settlement for young woman who suffered brain damage during a gynecological procedure.[/quote] Link to comment Share on other sites More sharing options...
Le Tigre Posted December 29, 2010 Report Share Posted December 29, 2010 Good luck getting anything close to those numbers in Hamilton County. Especially with as weak a case as this seems to be. There had to be a lot differing circumstances in the Met case. That and the fact it was venued in New York City, where you can miss a cab and collect a million dollars. Link to comment Share on other sites More sharing options...
|Numbers| Posted December 29, 2010 Report Share Posted December 29, 2010 [quote name='Le Tigre' timestamp='1293636295' post='954898'] Good luck getting anything close to those numbers in Hamilton County. Especially with as weak a case as this seems to be. There had to be a lot differing circumstances in the Met case. That and the fact it was venued in New York City, where you can miss a cab and collect a million dollars. [/quote] Isn't it is just a simple matter of who insures the county? Somewhere along the line the insurance company, for whomever gets the hammer, will pay it out. Not necessarily going to be Hamilton County pockets. This lawyer's firm received money from someone who had a self-inflicted gunshot and a sanitation worker who had his foot ran over. If the lawyers can get money for idiots like this, I am pretty sure they can get money for this couple. Link to comment Share on other sites More sharing options...
Le Tigre Posted December 29, 2010 Report Share Posted December 29, 2010 [quote name='Numbers' timestamp='1293636976' post='954903'] Isn't it is just a simple matter of who insures the county? Somewhere along the line the insurance company, for whomever gets the hammer, will pay it out. Not necessarily going to be Hamilton County pockets. This lawyer's firm received money from someone who had a self-inflicted gunshot and a sanitation worker who had his foot ran over. If the lawyers can get money for idiots like this, I am pretty sure they can get money for this couple. [/quote] Well in this case, you will have three players: the county, Aramark, and the Bengals (haven't seen the complaint itself..there could be other defendants besides "John Doe I and John Doe II, the unspecified drunks). Each would be separately insured I would think. Each are a distinct separate defendant. Each will defend their own and indemnify their own. I'm sure there are multiple contracts between each other, stating that each will take care of their own liability...at least in my experiences with corporate and public entities, that is normally the case. It is not a foregone conclusion that anybody pays anything short of a jury verdict. I could see perhaps the court dismissing one or more of the defendants by motion as a matter of law--if they are saying for example: "look...we have no control over what defendant X does..". A lot of legal issues come into play long before any money is paid out. Link to comment Share on other sites More sharing options...
sparky151 Posted December 29, 2010 Report Share Posted December 29, 2010 [quote name='Numbers' timestamp='1293636976' post='954903'] Isn't it is just a simple matter of who insures the county? Somewhere along the line the insurance company, for whomever gets the hammer, will pay it out. Not necessarily going to be Hamilton County pockets. This lawyer's firm received money from someone who had a self-inflicted gunshot and a sanitation worker who had his foot ran over. If the lawyers can get money for idiots like this, I am pretty sure they can get money for this couple. [/quote] I'd be surprised if the clients actually received amounts anything near what the jury awarded. Winning a big jury verdict is just the first step in collecting. Link to comment Share on other sites More sharing options...
|Numbers| Posted December 29, 2010 Report Share Posted December 29, 2010 [quote name='Le Tigre' timestamp='1293639620' post='954911'] Well in this case, you will have three players: the county, Aramark, and the Bengals (haven't seen the complaint itself..there could be other defendants besides "John Doe I and John Doe II, the unspecified drunks). Each would be separately insured I would think. Each are a distinct separate defendant. Each will defend their own and indemnify their own. I'm sure there are multiple contracts between each other, stating that each will take care of their own liability...at least in my experiences with corporate and public entities, that is normally the case. It is not a foregone conclusion that anybody pays anything short of a jury verdict. I could see perhaps the court dismissing one or more of the defendants by motion as a matter of law--if they are saying for example: "look...we have no control over what defendant X does..". A lot of legal issues come into play long before any money is paid out. [/quote] [quote name='sparky151' timestamp='1293650172' post='954948'] I'd be surprised if the clients actually received amounts anything near what the jury awarded. Winning a big jury verdict is just the first step in collecting. [/quote] Thanks, I am just flabergasted by the people who can afford 700 dollar sunglasses to wear during a winter game and make a suit over something such as this. How in the world is this ever classified as catostrophic injury ? Link to comment Share on other sites More sharing options...
|Tigers Johnson| Posted December 30, 2010 Report Share Posted December 30, 2010 My question is: If they don't even know who the fans are, how can they prove they were even intoxicated? Link to comment Share on other sites More sharing options...
Le Tigre Posted December 30, 2010 Report Share Posted December 30, 2010 Great point. Another reason why it appears to me their case will go nowhere. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.