IN THE STATE COURT OF FULTON COUNTY STATE OF GEORGIA

Transcription

1 IN THE STATE COURT OF FULTON COUNTY STATE OF GEORGIA LAURA HALE MURREY, as Executrix of the ) Estate of Gregory Kent Murrey, Deceased; and, ) LAURA HALE MURREY, individually and as ) Surviving Spouse of Gregory Kent Murrey, ) Deceased, and on behalf of Jason Murrey and ) JURY TRIAL DEMANDED Elizabeth Murrey Davis, ) ) Plaintiffs, ) CIVIL ACTION FILE ) NO.: vs. ) ) ATLANTA NATIONAL LEAGUE ) BASEBALL CLUB, INC., LIBERTY ) MEDIA CORPORATION, and MAJOR ) LEAGUE BASEBALL ENTERPRISES, INC. ) ) Defendants. ) PLAINTIFFS COMPLAINT Michael A. Caplan T. Brandon Waddell CAPLAN COBB LLP 75 Fourteenth Street, NE, Suite 2750 Atlanta, GA Tel: (404) Fax: (404) mcaplan@caplancobb.com bwaddell@caplancobb.com Michael L. Neff D. Dwayne Adams Shane Peagler Susan M. Cremer THE LAW OFFICES OF MICHAEL NEFF, P.C. 945 E. Paces Ferry Road NE, Suite 1770 Atlanta, Georgia Telephone: (404) Facsimile: (404) Page 1 of 34

2 PLAINTIFFS COMPLAINT Introduction Gregory Kent Murrey On August 29, 2015, Gregory Kent Murrey was watching the Atlanta Braves play the New York Yankees at Turner Field. Greg was standing in front of his second-row seat in Section 401, located in the upper deck. The railing in front of Section 401 was only 30 inches above the floor of the first row. From where Greg stood at the second row, the top of Section 401's guard rail barely reached the height of Greg s ankles. As could happen to any baseball fan, Greg fell forward. When Greg fell, he plunged over the railing and dropped approximately 50 feet to his death. Page 2 of 34

3 Greg s death could and should have been prevented if Turner Field had guard rails of at least 42". Over roughly the last 20 years, Major League Baseball and stadium operators across the country have seen fans suffer serious injuries or death as a result of falling over low railings. For example, in 2009, a Cardinals fan plunged over a 30-inch rail, severely injuring himself and a female patron in the section below. One year later, a Milwaukee Brewers fan died after falling over a similar 30-inch rail. In 2011, Shannon Stone, a Texas Rangers fan attending a baseball game with his six-year old son plunged over a 33-inch rail to his death. This was at least the third fall over a guardrail since the stadium opened in After Mr. Stone s death, the Rangers raised the height of their railings to 42 inches. Had the rest of MLB uniformly increased railing heights after Mr. Stone s death, Greg would not have died. Another inexpensive safety precaution, protective netting, would also have easily prevented Greg s death. Instead, the Braves continue to incorporate dangerously low railings, placing its fans at grave risk of death or catastrophic injury. MLB and the operators of Turner Field have a responsibility to reasonably address the safety of their millions of loyal fans. Raising the height of rails to 42" and/or installing netting can be done for a small fraction of the billions of dollars in revenues generated each year by media, corporate sponsorships, and ticket sales. However, apparently MLB and many of its teams (excluding the Texas Rangers) have chosen instead to rely upon a century-old exception to the 42" high standard guardrail-height requirement. The exception, which was designed for the seated patrons of 19 th -century era opera houses and theaters allows for heights as low as 26". Thus, the limited exception was created for Page 3 of 34

4 a much different environment than that typically found at sports stadiums, where standing, jumping, and dancing fans may foreseeably lose their balance and fall over a 30" rail. The family of Greg Murrey brings this suit to address MLB and the Braves failure to address a known life safety hazard at Turner Field and other baseball stadiums. It is the Murrey family s hope that Greg Murrey will be the last fan to needlessly die or suffer catastrophic injuries as the result of low railing heights at a sports stadium. I. PARTIES, JURISDICTION AND VENUE 1. Laura Hale Murrey was Greg Murrey s wife. 2. Ms. Murrey is Executrix of Greg Murrey s estate. 3. Jason Murrey is the son of Laura and Greg Murrey and an heir to Greg Murrey s Estate. 4. Elizabeth Murrey Davis is the daughter of Laura and Greg Murrey and an heir to Greg Murrey s Estate. 5. Defendant Atlanta National League Baseball Club, Inc. (hereinafter Defendant or the Braves ) is a Georgia corporation. 6. Jurisdiction and venue are proper as to the Braves. 7. Defendant Atlanta Braves has been properly served with process in this action. Page 4 of 34

5 8. Defendant Liberty Media Corporation (hereinafter also referred to as Defendant or Liberty Media ) is a foreign corporation that transacts and does substantial business in Georgia. Jurisdiction and venue are proper as to Liberty Media. Defendant Liberty Media has been properly served with process in this action Defendant Major League Baseball Enterprises, Inc. (hereinafter also referred to as Defendant(s) or MLB ) is a foreign corporation that transacts and does substantial business in Georgia. Jurisdiction and venue are proper as to this Defendant. Defendant MLB has been properly served with process in this action. 12. III. CAUSE OF ACTION COUNT I NEGLIGENCE 13. Plaintiffs incorporate paragraphs 1-17 herein by reference. 14. On August 29, 2015, during the Braves-Yankees baseball game, Mr. Murrey was standing in the second row of the upper deck of Turner Field. Page 5 of 34

6 15. Greg lost his balance and fell forward, over a rail that was only 30 high. A computergenerated, to-scale depiction of Mr. Murrey s fall over the 30-inch rail is shown below. 16. Pursuant to Section and of the International Building Code, standard railing shall not be less than 42 inches high in places where there is a drop of more than 2 ½ feet. Page 6 of 34

7 17. Had the rail been 42 inches, Mr. Murrey would not have fallen over the rail. 18. As depicted in the computer-generated, to-scale illustration below, a 42-inch rail would have prevented Murrey s death. 19. Prior to August 29, 2015, the Braves knew that other stadium spectators had been seriously injured or killed as a result of falling over railings. Page 7 of 34

8 20. Prior to August 29, 2015, MLB knew that stadium spectators had been seriously injured or killed as a result of falling over railings. MLB FALL-OVER-RAIL INCIDENTS 21. Plaintiffs incorporate paragraphs 1-25 herein by reference. Hollye Minter 22. On the first day the Texas Rangers stadium ( The Ballpark in Arlington ) was opened in 1994, Hollye Minter fell backward over a 30-inch railing while posing for a picture. 23. Hollye Minter fell approximately 35 onto an empty row of chairs. Page 8 of 34

9 24. Minter suffered two fractured vertebrae, two broken ribs, six broken teeth, and injuries to her shoulder and leg. Her recovery took six months. 25. Minter s fall was foreseeable. As she explained, I had my hand on the rail and someone got my attention. And I looked up, and your natural instinct when you look up is to go backwards a little bit, and just that little bit, I went over Shortly after Minter s fall, the Rangers raised the railings in the section where she fell to 46 inches. 27. Minter s fall was reported nationally by major news organizations, including ESPN Minter sued the Rangers and stadium designer HKS Inc. The suit was settled for an undisclosed sum. 29. MLB knew of Minter s fall. 30. Despite MLB s knowledge of Minter s fall, MLB did not require its teams to raise rail heights to 46 inches See Page 9 of 34

10 31. The Braves knew of Minter s fall. 32. Despite the Braves knowledge of Minter s fall, it chose not to raise railing heights at Turner Field to Despite the Rangers knowledge of the fall and a conclusion that raising the rails to 46 would be safer, the Rangers chose not to increase the height of all rails at their stadium. Unidentified Cardinals Fan 34. On April 21, 2009, a male fan attending the St. Louis Cardinals game at Busch Stadium fell over a 30-inch rail on the front row of Casino Queen Party Porch section. 35. The man fell 18 feet down and was substantially injured. 36. This fall was reported nationally by the news media, including ESPN MLB knew of the above fall at Busch Stadium. 38. Despite MLB s knowledge of the fall, MLB did not require its teams to raise railing heights. 3 See Page 10 of 34

11 39. The Braves knew of the above fall at Busch Stadium. 40. Despite the Braves knowledge of this fall, it chose not to raise railing heights at Turner Field. 41. Despite its knowledge of the fall, the St. Louis Cardinals chose not to increase the height of all rails at Busch Stadium. Chris Hoffman 42. On June 26, 2009, thirty-four-year old Chris Hoffman was attending a game at Busch Stadium in St. Louis Page 11 of 34

12 43. It was the 10th straight day of 90-plus-degree temperatures in St. Louis. 44. Hoffman began to stand for a choir that was to sing God Bless America. 45. Dehydrated by the heat, Hoffman passed out and fell over a 30-inch rail on the 4 th deck of Busch Stadium. 46. Hoffman fell 12 to the 3 rd level of the stadium. 47. Hoffman broke several bones, including some ribs, his collarbone, and nose. 48. As a result of the fall, Hoffman was hospitalized and not able to return to work for almost three months. 49. The rail which Hoffman fell over was 30 high. 50. Hoffman believes better safeguards could have prevented his fall. 51. Hoffman believes guidelines in stadiums nationwide should be modified. 52. Hoffman believes higher rails may have kept him from falling over. regulations/ /. Page 12 of 34

13 53. Hoffman also believes there should be netting of some kind below the decks to catch people if they fall. 54. Hoffman s fall was reported nationally by major news organizations, including ESPN: and Hoffman, a life-long Cardinals fan stated, When the guidelines that are in place are met but yet there are still injuries happening, it may be time to re-look at that. 56. MLB knew of Hoffman s fall at Busch Stadium. 57. Despite MLB s knowledge of the fall, MLB did not require its teams to raise railing heights. Page 13 of 34

14 58. The Braves knew of Hoffman s fall at Busch Stadium. 59. Despite the Braves knowledge of this fall, it chose not to raise railing heights. 60. Despite the knowledge of Hoffman s fall at Busch Stadium, the St. Louis Cardinals chose not to increase the height of all rails at their stadium. Stuart Springstube 61. On April 25, 2010, Stuart Springstube suffered fatal injuries after he fell 15 over a railing while trying to catch a ball during batting practice at a Milwaukee Brewers game at Miller Park. 62. Springstube suffered several broken ribs, a torn aorta, and a brain bleed. 63. On May 12, 2010, Springstube suffered a brain hemorrhage as a result of the fall, went into cardiac arrest, and died. 64. The rail which Springstube fell over was 30 high. 65. Representatives from the Brewers referred all questions about the incident to Mike Duckett, executive director of the Southeast Wisconsin Professional Baseball Park District, the public agency that owns and operates Miller Park. Page 14 of 34

15 66. Duckett refused to answer questions about the railings or Springstube s death, saying in an that he wasn t even sure when or where in Miller Park the incident occurred, and that the district had no involvement in the matter Springstube s fall was reported nationally by major news organizations, including ESPN MLB knew of Springstube s fall at Miller Park. 69. Despite MLB s knowledge of Springstube s fall, MLB did not require its teams to raise railing heights. 70. The Braves knew of Springstube s fall at Miller Park. 71. Despite the Braves knowledge of Springstube s fall at Miller Park, it chose not to raise railing heights. 72. Despite the knowledge of Springstube s fall at Miller Park, the Milwaukee Brewers chose not to increase the height of all rails at their stadium. 5 See 6 Id. Page 15 of 34

16 Tyler Morris 78. July 6, 2010, Tyler Morris fell over a 30 rail at a Texas Rangers baseball game. 79. Morris suffered injuries which included a fractured skull, foot, and ankle. 80. Texas Rangers President Nolan Ryan referred to what happened to Morris as an unfortunate accident, and noted that [i]t was fortunate that his injuries weren t more serious. 7 7 See Firefighter who fell at Rangers game is joking with pals, Dallas Morning News, Jul. 8, 2010, available at Page 16 of 34

17 81. After Morris fall, Ryan said he didn t believe Morris jumped to get the ball, but said he probably extended himself, or reached for it, before falling over the second-deck railing. 82. After Morris fall, Ryan said that the Rangers reviewed safety policies in the stadium. 83. It s pretty hard to guard against something of that nature, Ryan said at a news conference. 84. According to Derek Dilday, an off-duty paramedic who was one of the first people to come to Morris aid, Morris was lucky to be alive. 85. In an interview with HLN, Dilday said that he rushed to the man s aid after witnessing the entire incident and stated the fall could have easily killed the guy. 86. I turned to my left to watch the foul ball, and I saw this guy reach over the railing. Then I saw his feet go up, he tried to reach back for the railing, but he missed it. He hit the video-tron [electronic message board], then fell the rest of the way like a rag doll, Dilday said. 87. Morris fall was reported nationally by major news organizations, including CNN. 8 8 See Page 17 of 34

18 88. Despite the Rangers knowledge about prior falls, the Rangers decided not to make any changes after Morris accident in MLB knew of Morris fall at the Rangers stadium. 90. Despite MLB s knowledge of Morris fall at the Rangers stadium, MLB did not require its teams to raise railing heights. 91. The Braves knew of Morris fall at the Rangers stadium. 92. Despite the Braves knowledge of Morris fall at the Rangers stadium, it chose not to raise railing heights at Turner Field. 93. An earlier fall victim, Hollye Minter, told ESPN that [w]hen Tyler Morris fell, I believe I said they need to make some changes or somebody s going to die Page 18 of 34

19 Shannon Stone 94. On July 7, 2011, thirty-nine-year-old Shannon Stone fell to his death over a 33-inch rail at Rangers Ballpark in Arlington, Texas. 95. Stone fell 20 feet onto concrete. 96. Stone s six-year-old son, Cooper, witnessed the fall. 97. Initially, officials noted that the railing over which Stone fell is seven inches higher than required and complied with industry standards used by cities and countries worldwide See Arlington officials say ballpark railing exceeds code, Star-Telegram, Jul. 7, 2011, available at Page 19 of 34

20 98. However, Texas Rangers president Nolan Ryan later said Stone s death caused them to reconsider the heights of guard rails. 99. By August 2011, the Rangers raised the height of all front row railings to The approximate cost of raising the rails was $1.1 million Ryan explained that, even if fans protest at first, he expected they ll adjust to the change just as they had in Home Run Porch, the area where the railings were raised to 46 inches in It s pipe railing. I don t hear any complaints about it at all, Ryan said. So I think that they ll just develop a comfort level with it After Stone s death, officials with other Major League Baseball ballparks stated they were reviewing their railings heights Also, officials with Major League Baseball encouraged all clubs to review stadium operations, including railings, after Stone s fall at Rangers Ballpark Page 20 of 34

21 105. Yet no other baseball team indicated it would follow the Rangers lead and raise all railings in front of seating sections to 42 inches A 42-inch railing would reach the stomach of someone who is 5-foot-9, the average height of an American male If one stadium says, Yeah, they re too low. We should raise them so it doesn t happen again, then all of them should, said Cheri Springstube, the wife of Stuart Springstube. All of them should look at it and review it. Obviously, it s not safe Stone s fall was reported nationally by major news organizations, including ESPN MLB knew of Stone s fatal fall at the Rangers stadium Despite this being at least the second death of a fan falling over a rail, MLB did not mandate that its teams increase rail heights at their stadiums The Braves knew of Shannon Stone s fatal fall at the Rangers stadium. 12 See id. 13 See id. Page 21 of 34

22 112. Despite the Braves knowledge of Shannon Stone s fatal fall at the Rangers stadium, it chose not to raise railing heights at Turner Field. OTHER INCIDENTS FALLS OVER RAILS AT STADIUMS 113. Plaintiffs incorporate paragraphs herein by reference Prior to August 29, 2015, there have been other falls over rails at stadiums and arenas in Georgia and in the rest of the country. Isaac Grubb Page 22 of 34

23 115. On September 1, 2012, 20-year-old Isaac Grubb of Lenoir City, Tenn., was killed when he fell over a 33-inch railing and plummeted 45 feet to the lower level of the Georgia Dome during the Tennessee-North Carolina State game Mr. Grubb s fall attracted national coverage from the media. 14 Jose Rodrigo Espinosa 117. A few weeks later on September 22, 2012, Jose Rodrigo Espinosa, fell over a railing near Section 219 at Bobby Dodd Stadium in Atlanta, Georgia A report noted, A witness later came forward stating that they saw Espinosa leaning up against the railing and flip back over it, like he thought a wall was behind him This fall was also covered in local media. 16 Georgia Tech Freshman 14 See See id. Page 23 of 34

24 120. One week later, a freshman at Georgia Tech fell 15 feet in the northwest bleacher section at Grant Field This fall was also covered in local media Lucas Tang In November 2010, a two-year-old boy, Lucas Tang, fell over a rail to his death at Staples Center. Stewart Haverty 123. On November 28, 2010 Stewart Haverty died after he fell over a rail during a Philadelphia Eagles-Chicago Bears game at Soldier Field in Chicago Page 24 of 34

25 Floyd Stadium Fall 124. On October 24, 2013 a woman fell about 20 feet from the stands at Floyd Stadium at a game at Middle Tennessee State University These tragic events were covered in national media articles: Stadiums html Despite Fall after Fall, MLB Teams Pay Lip Service to Fan Safety 126. On May 24, 2011, baseball fan Robert Seaman fell to his death at Coors Field. Following his death, Colorado Rockies spokesman Jay Alves said that fans safety is the team s No. 1 priority and the stadium s railings are up to code Page 25 of 34

26 127. However, the code that the Rockies meet is from the 1920s and was designed for theaters, opera houses, and symphony halls rather than baseball Robert Solomon, NFPA Building Fire Protection and Life Safety Division Manager, has stated publicly that the 26 -inch exception relied upon by some stadium operators was designed mainly for theaters and symphony halls not ballparks to set railings where they wouldn t impede someone s view Meeting the minimum code requirements is not the same thing as taking reasonable fallprevention measures or making safety the top priority If fan safety was the Number 1 priority, then MLB, the Braves, and the remainder of teams would raise the rail heights to at least 42 inches, or the 46 inches that the Rangers moved the rails to previously Some may argue that raising the rails to 42 inches or 46 inches will destroy people s ability to see the game and eventually lead to a precipitous drop in attendance. 19 See Page 26 of 34

27 132. However, after the Rangers increased the height of the rails in 2011, overall attendance for 2012 and 2013 was higher than it was in 2011 a year where the Rangers went to the World Series In the wake of Stone s death in Arlington, the Rangers raised the height of all railings in their ballpark from 33 inches to 42 inches before the start of the next season, at a cost of $1.1 million The $1.1 million cost of safety in increased rail heights is minuscule compared to the revenues MLB teams generate In 2014, MLB generated approximately $9 billion in gross revenues In 2013, MLB generated approximately $8 billion See 21 See 22 See 9-billion-in-revenues-for-2014/# f6cb2. 23 See id. Page 27 of 34

28 MLB saw revenues double for new broadcast deals with their national network partners FOX, ESPN, and TBS that added an additional $788.3 million a year to the league s coffers. Additionally, local media-rights deals such as the Los Angeles Dodgers (between a $7 billion and $8 billion total value) distributes approximately 30 percent as revenue sharing The Rangers, Angels, Mariners, Padres, Phillies, and Astros also signed multi-billion dollar deals MLB Advanced Media pulls in hundreds of millions in streaming MLB games and also earns revenue supplying backend streaming services to the likes of ESPN and CBS. MLB Advanced Media, alone, could see revenues of over $1 billion annually In 1995, MLB revenues were $1.4 billion, or over $2.14 billion when accounting for inflation. Since that time, gross revenues for the league have grown a whopping 321 percent in 19 years Yet Atlanta Braves Chairman and CEO Terry McGuirk told the Atlanta Business Chronicle, Baseball is not a widely profitable business For the first nine months of 2015, the Braves had an increase of $9 million in operating 24 See 9-billion-in-revenues-for-2014/# f6cb2 25 See Page 28 of 34

29 profit Liberty Media said the increased profit is primarily the result of a decrease in operating costs due to lower player salaries and game operating costs Apparently, one area where costs were saved is in the choice not to increase railings throughout the park The Braves had revenues of $225 million for all of 2012, $261 million in 2013 and $251 million in Liberty Media purchased the Braves for $400 million in According to Forbes magazine, the Atlanta Braves have a Team Value as of March 2016 of $1.175 billion Thus, the Braves have nearly tripled in value with an increase in value 750 million dollars in less than 10 years despite having one of the worst local TV deals of any MLB club See html 27 See Page 29 of 34

30 RESPONSE TO GREG MURREY S DEATH 149. Plaintiffs incorporate paragraphs herein by reference After Greg Murrey s death, Braves President John Schuerholz said that safety is a top concern for every major league team, including the Braves With regard to the Braves new stadium under construction, Schuerholz stated that [w]e made our plans (for the new ballpark) long before this event occurred Schuerholz also stated, Every facility that s getting built, there s a great deal of communication with architects, with engineers, and with the league, abiding by league standards for the industry. So we certainly will do that Schuerholz s comments were covered in local media The Braves and MLB chose to rely on a 1920s-era building code that allows rails to be 26 if the spectators are seated The environment at stadiums for sporting events is very different than the environment at theaters. Page 30 of 34

31 156. The environment at baseball stadiums today is different than it was in the 1920s The Braves and MLB knew that spectators at baseball games get up during the course of a game both spontaneously to react to events at the stadium and in response to prompting by an announcer Unlike climate-controlled indoor theaters, open stadiums like Turner Field subject fans to high temperatures during summer months The Braves and MLB actively sell alcohol at baseball game with vendors offering beer to be brought to your seat during the game Generally, patrons at the theater do not have beer vendors hawking large beers during plays or operas Theaters generally provide seating for a few thousand patrons Open stadiums like Turner Field provide seating for tens of thousands of people There are generally many more people packed into steeper seating areas at major league baseball stadiums than there are at indoor theaters. 29 See Page 31 of 34

32 164. As a result of these issues, applying the bare minimum 26 building code for guardrails does not provide sufficient protection for spectators at stadiums This has been repeatedly borne out by history of serious injuries and deaths caused by spectator falls over rails throughout the United States As a direct and proximate cause of the acts and omissions of the Defendants, Greg Murrey suffered catastrophic personal injuries and died As a direct and proximate cause of the acts and omissions of the Defendants, Greg Murrey incurred medical and related expenses, funeral and burial expenses and sustained pain and suffering, for which Plaintiff Laura Hale Murrey as Executrix of the Estate of Gregory Kent Murrey brings this action. V. DAMAGES 168. Plaintiffs incorporate paragraphs herein by reference Plaintiffs are entitled to recover from defendants for the wrongful death of Greg Murrey an amount commensurate with the full value of the life of Greg Murrey in an amount to be determined by the enlightened conscience of the jury. braves-gam/nntrd/ Page 32 of 34

33 170. Laura Murrey asserts a loss of consortium claim for losses to the society, companionship and consortium of her husband Mr. Murrey as a result of the personal injuries he sustained due to defendants negligence Because Defendants were aware from previous experience that their actions in the past had resulted in similar injuries, but nevertheless continued their course of conduct, Defendants have acted with willful misconduct, malice, fraud, oppression, wantonness and an entire want of care raising the presumption of conscious indifference to the consequences. Accordingly, Plaintiff Plaintiff Laura Hale Murrey as Executrix of the Estate of Gregory Kent Murrey is entitled to recover punitive damages, as determined by the enlightened conscience of the jury As a result of Mr. Murrey s injuries, Mrs. Murrey has suffered from losses to her husband s society, companionship and consortium. WHEREFORE, Plaintiffs pray as follows: a) That process issue and Defendants be served in accordance with law; b) That Plaintiffs be awarded a judgment, jointly and severally, against Defendants, for the wrongful death of Mr. Murrey and special damages as pursued and proven at trial, and for compensatory damages in an amount determined by the enlightened conscience of a fair and impartial jury; c) That attorney fees and expenses of litigation be awarded pursuant to O.C.G.A ; d) That punitive damages be awarded; Page 33 of 34

34 e) That Plaintiff has a trial by jury; and f) That Plaintiff be granted such other and further relief as this Court may deem just and proper. This th day of April, Respectfully submitted, MICHAEL L. NEFF Georgia Bar No D. DWAYNE ADAMS Georgia Bar No SHANE PEAGLER Georgia Bar No SUSAN M. CREMER Georgia Bar No THE LAW OFFICES OF MICHAEL NEFF, P.C. 945 E. Paces Ferry Road NE, Suite 1770 Atlanta, Georgia Telephone: (404) Facsimile: (404) MICHAEL A. CAPLAN Georgia Bar No T. BRANDON WADDELL Georgia Bar No CAPLAN COBB LLP 75 Fourteenth Street, NE, Suite 2750 Atlanta, GA Tel: (404) Fax: (404) mcaplan@caplancobb.com bwaddell@caplancobb.com Page 34 of 34