Case details

Trivial defect in field did not cause player’s injury: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
foot, heel, Lisfranc injury
FACTS
On the evening of Oct. 23, 2010, plaintiff Gabriel Sayers, 26, a semi-pro football player and apartment manager, was playing in a football game being held at Sweetwater High School. Sayers played for the National City Bears of the LaBelle Community Football League. He claimed that during the game, he stepped in hole in the playing field, which caused him to sustain a Lisfranc injury of his left foot. Sayers sued Sweetwater Union High School District, LaBelle Community Football League Inc., and Ditas Yamane, who was doing business as the National City Bears. Sayers alleged that all of the defendants were negligent for holding the game on a field that had holes and that Sweetwater was negligent for failing the properly repair and/or maintain the field, creating a dangerous condition of public property. Sayers ultimately settled with Yamane for $90,000 and LaBelle was never served in the action. Thus, the matter proceeded to trial against Sweetwater only. Sayers claimed that Sweetwater had notice of the hole, but failed to repair it. Thus, he claimed that Sweetwater’s negligently maintained football field, created a dangerous condition for the players. Sayers’ counsel presented five photographs depicting gopher holes that allegedly populated the playing field, with one of the photographs being taken three days after the game and the others taken seven days later. Sweetwater claimed that it did not have notice of the hole and that even if it did have prior notice, the hole did not constitute a dangerous condition due to it being a trivial defect that was not a substantial factor in causing Sayers’ injury. Sweetwater’s counsel argued that Sayers suffered an injury associated with playing football, which was not related to the condition of the subject playing field, and that Sayers assumed the risk of participating in a dangerous sport., Sayers sustained a Lisfranc tear of his left foot, for which he underwent open reduction and internal fixation surgery on Nov. 3, 2010. He followed up with three months of physical therapy and underwent hardware removal surgery on Feb. 11, 2011. Sayers claimed that he had aspirations to play professional football because his father and two uncles consisted of two former NFL players and one Olympian. However, he alleged that his condition prevents him from playing football or running any longer, and that he experiences pain from walking or standing for long periods of time. Sayers also claimed he requires additional surgery every 10 years for the maintenance of his condition. Thus, Sayers sought $28,139.86 in past medical costs, $200,000 in future medical costs, and $800,000 in damages for his pain and suffering. Sweetwater’s counsel argued that Sayers would only require one additional surgery for his left foot.
COURT
Superior Court of San Diego County, San Diego, CA

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