Remember Patrick Edwards? The Houston WR Who Broke His Leg In A Game Against Marshall?

JackWESQ

Anyone remember Patrick Edwards, the Houston wide-receiver who broke his leg in a game last season against Marshall after running into a metal service cart? The ESPN headline states that Edwards doesn't blame Marshall for the mishap, though I don't see him specifically stating that in the column.

Well, in any case, a shyster lawyer must have gotten, uh I mean Edwards must have gone into a period of deep personal introspection and reconsidered his position because it appears that Edwards plans to take legal action against Marshall.

I tell ya, that's one deposition I would enjoy taking.

/s/ JackWESQ

jivan

Ahhh lawyers, who needs em????

larryallen73

Darn lawyers!

Dboneesq

They ALL suck!

MantleMarisFordBerra

Like almost everyone else I am against frivolous lawsuits, but I think in this case Edwards is right to pursue damages. How much $ did the stupid mistake of leaving a cart on the field cost this young man? I'd sue too! Hopefully, the attention this case gathers will ensure other colleges remove dangers from the field and around the field as well. It was incredibly stupid to leave the cart where it was.

I also seem to recall a baseball player getting injured from running into a cart left on the field either in pregame warm-ups or during spring training...anyone else recall that?

Morgoth

I think he has a pretty legitimate case here. Dude compound fractured his leg and he was there best WR so NFL aspirations don't seem that unlikely to me. Not like a scrub getting hurt goofing around in the endzone. He was making a play for the ball and hit a freaking metal cart that snapped his leg into 3 pieces.

stown

If the stadium employee was negligent and the cart didn't belong there, Edwards has every right to sue.

However, if the cart was intended to be there, then the stadium needs to relook at their policies but Edwards still should sue. NFL teams will knock him down a few notches due to the injury, which would cost Edwards A LOT of money.

Three cheers for the American legal system!!

JackWESQ

Right off the bat, I see a couple of issues ...

1. Is he going to file his lawsuit in Texas or West Virginia? Or perhaps another state?

I would imagine Mr. Edwards would prefer not to travel and want to file his lawsuit in Texas. But the incident happened in West Virginia. If he files his lawsuit anywhere other than West Virginia, I could see a motion for change of venue. (This is important because of the jury pool.)

2. Is he going to file in state or federal court?

A personal injury case is typically not a federal matter. But you have diversity jurisdiction, e.g., the parties are citizens of different states and I would imagine the amount in controversy exceeds, if not greatly, $75,000.00. I know nothing about State Court in Texas or West Virginia, but when it comes to federal court, there is no "B.S. ing" around as the judges will not hesitate to "lay the hammer" to you if you "screw around."

3. Damages.

Yes, Edwards suffered pain and suffering. No argument there. But stown mentioned that "NFL teams will knock him down a few notches due to the injury." Perhaps, maybe. But how to prove? Is Edwards going to get some NFL GM to testify as to WHERE HE WOULD HAVE DRAFTED Edwards, but for the injury? Are they going to take his NFL combine numbers in consideration, assuming he participates and they're available? And potentially best of all, will be hear these words uttered, "PLAINTIFF CALLS RETAINED EXPERT MEL KIPER, JR. TO THE STAND."

4. Foreseeability.

I know you'll laugh, but one question that will have to be answered is whether Edwards' injury was foreseeable. If the injury WAS NOT FORESEEABLE, then Marshall owed him no duty and his lawsuit is dead. I'm sure Marshall will argue that the injury that Edwards suffered not foreseeable. Marshall will trudge out their experts and say that since the first game of college football on November 6, 1869, there has never been a player (other than Edwards) who was injured on the field of play by running into a metal service cart (or something similar).

But all this will be moot because the case, assuming it is filed, will likely settle.

/s/ JackWESQ

Morgoth

On the forseeability issue, I think it's pretty forseeable that placing a metal cart 3 yards in the back of the endzone could be hazardous. My question is Marshall a state school or private. State institutions are much harder to sue than private ones. I had a lab accident at school and was told in the ER that when you agree to go to school there you waive all rights to sue for accidents like that by the school rep. I only had sulfuric acid burns on 50% of my face and in my eye.

Goot

<< <i>On the forseeability issue, I think it's pretty forseeable that placing a metal cart 3 yards in the back of the endzone could be hazardous. My question is Marshall a state school or private. State institutions are much harder to sue than private ones. I had a lab accident at school and was told in the ER that when you agree to go to school there you waive all rights to sue for accidents like that by the school rep. I only had sulfuric acid burns on 50% of my face and in my eye. >>



Marshall's a state school.